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Posts Tagged ‘Non-Immigrant Visa

H-1B Cap Exemptions for Non-profits under Review

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USCIS is reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

During this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
This burden can be satisfied by the petitioner by providing USCIS with a copy of a previously approved cap-exempt petition and the previously issued applicable I-797 approval notice and any other relevant documentation.

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Written by MithrasLaw

April 11, 2011 at 10:23 am

Posted in H-1B Visas

Tagged with , ,

H-1B Cap for FY 2011 has been reached

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U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The final receipt date is the date on which USCIS determines that it has received enough capsubject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011. USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  Pursuant to the Immigration and Nationality Act, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionallymandated FY2011 H-1B cap.  Accordingly, USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;

• change the terms of employment for current H-1B workers;

• allow current H-1B workers to change employers; and

• allow current H-1B workers to work concurrently in a second H-1B position.

Written by MithrasLaw

January 28, 2011 at 12:33 pm

H-1B Update as of January 21, 2011

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As of January 21, 2011, approximately 62,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

Written by MithrasLaw

January 25, 2011 at 12:34 pm

USCIS to Propose Registration Requirement for H-1B Petitions Subject to Numerical Limits

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U.S. Citizenship and Immigration Services (USCIS) proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B petitions for alien workers subject to either the 65,000 or 20,000 caps. This registration process would allow U.S. employers to electronically register for consideration of available H-1B cap numbers. The mandatory proposed registration process is aimed to alleviate administrative burdens on USCIS service centers and eliminate the need for U.S. employers to prepare and file H-1B petitions without any certainty that an H-1B cap number will ultimately be allocated to the beneficiary named on that petition.

Written by MithrasLaw

January 7, 2011 at 10:09 am

Most Recent H-1B Count as of December 31, 2010

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As of December 31, 2010, approximately 57,300 of the 65,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

With the H-1B cap nearly reached, clients strongly are urged immediately to file any regular cap-subject H-1B cases.  The H-1B cap is estimated to reach its quota by the end of January 2011.

Written by MithrasLaw

January 6, 2011 at 10:19 am

FY 2011 H-1B Count (November 19, 2010)

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As of November 19, 2010, approximately 48,977 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,836 H-1B petitions for aliens with advanced degrees.

Written by MithrasLaw

November 23, 2010 at 2:06 pm

U.S. Ambassador to India Announces more Lenient U.S. Visa Application Policy

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In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation.  Consular districts are reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan;Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa;Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands;Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland,Sikkim, Tripura, West Bengal.

U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and ourEmbassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well asAmerican citizens and businesses throughout India.”

Written by MithrasLaw

November 23, 2010 at 1:10 pm

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