Aug 18, 2006 -United States Citizenship and Immigration Service Expands Premium Processing Service to Two (2) Permanent Employment Based Categories

Today, the United States Citizenship and Immigration Service (USCIS) released information about including two (2) types of I-140 Petitions for Immigrant Worker into the existing Premium Processing Service.  Click here to read the Press Release. 

Premium Processing allows individuals and corporations to pay the USCIS a $1000.00 fee to adjudicate certain designated immigration petitions within 15 days.  The two (2) additions to the Premium Processing Service include I-140 Petitions that have been filed under the following:

1.                   EB-3 Category for Professionals (immigrant workers with Bachelor’s degrees who are members of the professions); and

2.                   EB-3 Category for Skilled Workers (immigrant workers capable of performing skilled labor requiring at least two (2) years of education, training, or experience.

The above case types will be added to the Premium Processing Service as of August 28, 2006, with a new Form I-907 to be used.  This means that once a Labor Certification Application has been approved, individuals and/or their employers may file EB-3 (Professional or Skilled Workers only) based I-140 Petitions via Premium Processing to receive an adjudication of the case within 15 days.

This is especially useful to H-1B workers who are caught in retrogression, and who need Premium Processing to obtain an I-140 Approval so that they may extend their H-1B status in three-year increments beyond the maximum period of allowable stay of 6 years.  In addition, those individuals who, after consulting with an immigration attorney regarding their specific matter, are seeking to retain a priority date from a previously approved Labor Certification Application and I-140 Petition, based on a new Labor Certification Application may use the Premium Processing Service to speed up the process.

As with any legal matter, it is best to consult with an attorney to determine if a particular immigration benefit is right for you.  If you have any questions regarding the new Premium Processing announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Jul 28, 2006 -USCIS Issues Press Release Indicating that H-1B Master’s Degree Exemption has been Reached

The United States Citizenship and Immigration Service has issued a press release notifying the public that it has enough Master’s Degree, Cap Exempt H-1B Visa Petitions pending to meet the 20,000 exemption limit mandated by Congress.  For the press release, please click here.

Jul 27, 2006 -USCIS Surpasses 19,000 in Advanced Degree H-1B Cap Cases

The United States Citizenship and Immigration Service (USCIS) today released new Advanced Degree H-1B cap count information that was gathered as of July 25, 2006.  The USCIS indicates that they have counted 18,932 petitions that have either been receipted and are pending, or have been approved.  Approximately 645 Advanced Degree petitions have been received in the mailroom, but have not yet been data entered or receipted.  This means that a combined total of approximately 19,577 petitions are with the USCIS at this time.

Data gathered on July 23 and posted to the USCIS website on July 24 showed that approximately 18,742 petitions had been approved, data-entered, or received but not yet processed as of July 23. Thus, USCIS received approximately 835 petitions in the course of two business days.

Jul 27, 2006 -EB-2 Category for Indian Nationals Unavailable in August Visa Bulletin

The most recent Visa Bulletin provided by the United States Department of State indicates that as of August 1, 2006, the Employment Based Second Preference Category will not have any numbers available.  This means that individuals who have filed Labor Certification Applications and subsequent I-140 Petitions for Immigrant Workers under the EB-2 category will not be able to apply for the I-485 Application for Adjustment of Status (green card) or for Consular Processing, regardless of the priority dates associated with their case.

The EB-3 category has a processing date of April 1, 2001 for Indian nationals.

Jul 25, 2006 -Update on US Master’s Degree Cap Exemption to H-1B Visas

AILA provided us with the following insight today:

On July 24, 2006, USCIS updated the current cap count with new data gathered as of July 23. The number of approved and receipted pending petitions has now reached 18,368. Approximately 374 H-1B Advanced Degree petitions have been received but not yet data-entered and receipted. As of July 23, the combined approximate total is 18,742.

Data gathered on July 18 and posted to the USCIS website on July 19 showed that approximately 17,351 petitions had been approved, data-entered, or received but not yet processed as of July 18. Thus, USCIS received approximately 1,391 petitions in the course of three business days.

Jul 13, 2006 -US Master’s Degree H-1B Cap Exemption Numbers Updated - Over 16,000 Used

On July 12, 2006, the United States Citizenship and Immigration Service issued new H-1B usage numbers reflecting the number of H-1B petitions that were receipted and indicating that an additional 800 petitions were in their possession, though not yet receipted (see footnote 2 below).

Out of the 20,000 H-1B visas set aside for individuals who have obtained their Masters Degree or higher from a United States College or University, approximately 16,008 have been used.  It is expected that the remaining 4,000 will be exhausted shortly.

Once the H-1B numbers for this fiscal year have been exhausted, it will not be possible to sponsor an individual for an H-1B visa until April 1, 2007, for an employment start date of October 1, 2007 – unless of course there is some form of Congressional intervention.  Therefore, if you hold a US Master’s Degree or higher, or are an employer who wishes to sponsor such an individual to work before October 1, 2007, please contact our office immediately.

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of July 11, 2006, an estimated 800 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted. Several hundred of these petitions were received prior to July 11, 2006.

Jul 10, 2006 -US Master’s Degree H-1B Cap Exemption Numbers Updated - Over 15,000 Used

On July 7, 2006, the United States Citizenship and Immigration Service issued new H-1B usage numbers reflecting the number of H-1B petitions that were receipted and indicating that an additional 700 petitions were in their possession, though not yet receipted (see footnote 2 below).

Out of the 20,000 H-1B visas set aside for individuals who have obtained their Masters Degree or higher from a United States College or University, over 15,000 have been used.  It is expected that the remaining 5,000 will be exhausted shortly.

Once the H-1B numbers for this fiscal year have been exhausted, it will not be possible to sponsor an individual for an H-1B visa until April 1, 2007, for an employment start date of October 1, 2007 – unless of course there is some form of Congressional intervention.  Therefore, if you hold a US Master’s Degree or higher, or are an employer who wishes to sponsor such an individual to work before October 1, 2007, please contact our office immediately.

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of July 6, 2006, an estimated 700 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted. Several hundred of these petitions were received prior to July 6, 2006.

Jul 7, 2006 -US Master’s Degree H-1B Cap Exemption Numbers Updated - Over 14,000 Used

On July 6, 2006, the United States Citizenship and Immigration Service issued new H-1B usage numbers reflecting the number of H-1B petitions that were receipted and indicating that an additional 500 petitions were in their possession, though not yet receipted (see footnote 2 below).

Out of the 20,000 H-1B visas set aside for individuals who have obtained their Masters Degree or higher from a United States College or University, over 14,000 have been used.  It is expected that the remaining 6,000 will be exhausted shortly.

Once the H-1B numbers for this fiscal year have been exhausted, it will not be possible to sponsor an individual for an H-1B visa until April 1, 2007, for an employment start date of October 1, 2007 – unless of course there is some form of Congressional intervention.  Therefore, if you hold a US Master’s Degree or higher, or are an employer who wishes to sponsor such an individual to work before October 1, 2007, please contact our office immediately.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of 6/30/06, an estimated 500 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted.

June 6, 2006 -CIS Issues Advanced Degree H-1B Cap Usage Figures

Last week, we notified you of the fact that the Fiscal Year 2007 H-1B Cap had been reached as of May 26, 2006.  Take heart, there are still plenty of numbers left for those individuals with advanced degrees (Master’s degrees or higher) from United States colleges or universities.  The CIS recently provided the public with the following information (highlighted for your convenience):

H-1B Advance Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2006, the start of FY 2007. USCIS has added the projected number of unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap.

If you wish to sponsor an individual with a Master’s degree or higher that was obtained from a United States academic institution, or you possess such a degree and have an offer of employment, please contact Nankin & Verma PLLC at (240) 456-0000, so that we may assist you with the H-1B process.

June 1, 2006 -H-1B Cap Reached!

On June 1, 2006, the United States Citizenship and Immigration Service (USCIS) announced that the Fiscal Year 2007 numerical cap on H-1B petitions had been reached as of May 26, 2006.  All petitions received on that date will be subject to a computer generated random selection process.  All petitions received after that date will be rejected, with filing fees returned.

Petitioners have been told that they may resubmit cap-subject rejected H-1B petitions for FY2008 as of April 1, 2007, for a start date of October 1, 2007. 

Certain H-1B petitions are exempt from the cap, and may continue to be filed and processed by the USCIS.  These petitions include:

·                     The first 20,000 new H-1B petitions filed on behalf of beneficiaries who have earned Master’s Degrees or higher from US institutions (as of May 25, 2006, 5830 such petitions have been filed);

·                     New H-1B petitions filed for beneficiaries working with higher education or related or affiliated non-profit entities, or with non-profit research organizations or governmental research agencies;

·                     All petitions for extensions or amendments or changes of employer, where a beneficiary had already been counted toward the numerical cap at some point in the previous six-year period (this excludes beneficiaries who are going from “cap-exempt” to “cap-subject” employment).

This year, the numerical cap was reached within 8 weeks, although the cap should last for a full year.  This early loss of H-1B numbers is unprecedented in the history of H-1B filings, and underscores the need for our legislators to step in and take immediate steps to remedy the “H-1B Blackout.”

With the cap being reached so quickly for the next Fiscal Year, U.S. companies will have to wait over one year (until October 1, 2007) before they can bring on new employees to work in specialty occupations.  We at Nankin & Verma PLLC urge you to contact your legislators, and to stress the importance of having the ability to file H-1B petitions throughout the year so as to promote the advancement of United States corporations by reducing the need for outsourcing, assisting the United States to remain competitive in the global marketplace, and keeping highly skilled workers in the United States to maintain innovation and flexibility. 

Jun 1, 2006 -I-140s, I-539s, and I-765s NOT Part of Premium Processing Service Yet

We have been fielding many calls from those interested in the prospect of filing their I-140 Petitions via Premium Processing.  At this time, the I-140s, I-539s, and I-765s are not yet being filed via Premium Processing. 

Nankin & Verma PLLC has obtained the following clarification from the American Immigration Lawyers Association (AILA):

There has been some confusion regarding two notices published by USCIS in the Federal Register on May 23, 2006 with respect to changes in premium processing. The first notice informs the public that USCIS intends to extend premium processing to certain I-140 categories, certain I-765 categories, and certain I-539 categories. However, that notice indicates that premium processing for those categories will not begin until notification is posted on the USCIS website. USCIS has not informed AILA of any proposed effective date for the designation of premium processing availability for the identified case types.

The second notice informs the public that USCIS is changing the way it designates case types for premium processing. It will continue to announce designations in the Federal Register, but will announce the dates that those designations take effect or terminate on its website. It also allows USCIS to designate sub-classifications within types of filings as eligible for premium processing. This notice, in essence, authorizes the approach being taken in the first notice.

As soon as more information becomes available, Nankin & Verma PLLC will make such information available on this website.

May 28, 2006 -H-1B Cap Numbers Updated by CIS – 49,034 USED

On May 25, 2006, the CIS released updated information regarding H-1B Cap numbers:

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

The cap will soon be reached.  If you are considering H-1B sponsorship, now is the time to contact us.  We recommend that you act soon.

May 26, 2006 -H-1B Cap Numbers Updated by CIS – 45,150 USED

On May 23, 2006, the CIS released updated information regarding H-1B Cap numbers:

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

May 24, 2006 -H-1B Cap Numbers Updated by CIS – 42,876 USED

On May 19, 2006, the CIS released additional information about the H-1B cap numbers:

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

The cap will soon be reached.  If you are considering H-1B sponsorship, now is the time to contact us.  We recommend that you act soon.

May 19, 2006 -H-1B Cap Numbers Updated by CIS – 39,445 USED

On May 16, 2006, the CIS released additional information about the H-1B cap numbers:

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

The cap will soon be reached.  If you are considering H-1B sponsorship, now is the time to contact us.  We recommend that you act soon.

May 16, 2006 -H-1B Cap Numbers Updated by CIS – 34,808 USED

On May 12, 2006, the CIS released additional information about the H-1B cap numbers:

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

This is a significant jump in numbers from the last count of April 24, 2006.  More than half the quota has been met.  If you are considering H-1B sponsorship, now is the time to contact us.  We recommend that you act soon

May 1, 2006 -H-1B Cap Numbers Updated by CIS

On April 24, 2006, the CIS released more current information about the H-1B cap numbers: 

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

As of today, there are still H-1B visas available, though we encourage anyone considering filing for an H-1B visa to do so soon.  Please contact our office if you have any questions about H-1Bs, the numerical cap, or any other immigration issue that affects you.

May 1, 2006 -H-1B Receipts Taking Longer

As has been reported, it is currently taking much longer than usual to obtain H-1B Receipt Notices from the Vermont Service Center.  Since April 1, 2006, all cases for which one needs to file an I-129 Petition for Nonimmigrant Worker (this includes L-1 cases and H-1 cases) must be filed with the Vermont Service Center, while all I-140 Petitions for Immigrant Workers must be filed with the Nebraska Service Center, regardless of the place of employment. 

This “bi-specialization” seems to have overwhelmed the Vermont Service Center, and thus receipts are not being generated as quickly as usual.  This poses a significant problem for those wishing to port from one employer to another, as one must generally wait for the receipt notice before joining a subsequent employer.  We at Nankin & Verma PLLC understand that the American Immigration Lawyers Association (AILA) is stepping in to address these delays, and we will notify you with any further updates on this situation.  If you have any questions or concerns with regard to receipt notices, we encourage you to contact our office for assistance.

Apr 13, 2006 -H-1B Cap Information from CIS

We understand that those with a vested interest in the H-1B numbers will look in many places to obtain information about the cap numbers.  Please be aware that much of the information on Internet discussion forums and/or web-blogs is unverified.  The best source for any cap-related information will come directly from the United States Citizenship and Immigration Service and/or the American Immigration Lawyers Association.  We at Nankin & Verma PLLC will continue to update you with information from these two sources as soon as such information becomes available.  If you have any questions or concerns, please do not hesitate to contact us.  Below is an excerpt from the USCIS site:

The Citizenship and Immigration Service, on April 13, 2006, announced H-1B visa number usage as of April 3, 2006.  Given these numbers, it is highly unlikely that the cap will be reached within the first month that applications are being accepted for FY2007.

Current Cap Count for Non-Immigrant Worker Visas