FY 2011 H-1B Petitions Must be Submitted with an Approved Labor Condition Application

On March 10, 2010, U.S. Citizenship and Immigration Services (USCIS) announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B […]

FY2010 H-1B Cap Has Been Reached

As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date […]

H-1B Enforcement to be Strenghtened

The U.S. Citizenship and Immigration Services (“USCIS”) is planning to step up its effort to conduct on-site inspections of H-1B visa employers to see whether employers that have sponsored workers for an H-1B visa are complying with the terms or are in violation of them. The USCIS plans to conduct 25,000 on-site inspections in 2010.  […]

FY 2010 H-1B Cap Count Update

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B […]

New Federalized Procedures for Obtaining Prevailing Wage Determination

Effective January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs. On December 19, 2008, the Department published a Final […]

H-1B Petitions Accepted Without Labor Condition Applications

On November 5, 2009, the U.S. Citizenship and Immigration Services (“USCIS”) announced a temporary 120-day grace period where it will accept H-1B petitions filed without a Labor Conditions Application (“LCA”) that has been certified by the Department of Labor (“DOL”).  Normally, a certified LCA must accompany an H-1B petition.  However, since the DOL implement its […]

H-1B Cap Count for FY 2010

According to the USCIS’ latest count, as of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H1-B petitions filed on behalf of an alien with an advanced degree […]