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H Visa News

USCIS Updates H-1B and H-2B Cap Count for FY 2010

As of November 13, 2009, approximately 55,600 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 cap of 65,000.

USCIS Updates H-1B and H-2B Cap Count for FY 2010

As of November 6, 2009, approximately 54,700 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 will now count toward the general H1-B cap of 65,000.

Extension of the H-2A Transition Period Procedures

The Department has sent to the Federal Register an Interim Final Rule (IFR) extending the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before June 1, 2010. To read the IFR please click here.

 

USCIS Temporarily Accepts H-1B Petitions Without DOL Certified LCA

U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL). 

Expiration of the H-1C Nursing Relief for Disadvantaged Areas Reauthorization Act (NRDAA) of 2005

 Effective December 21, 2009, the Nursing Relief for Disadvantaged Areas Reauthorization Act will sunset. The Nursing Relief for Disadvantage Areas Act (NRDAA) established the H-1C Program in 1999 to reduce the shortage of qualified nurses in health professional shortage areas. The Program was reauthorized until December 20, 2009 under the Nursing Relief for Disadvantage Areas Reauthorization Act of 2005 which became effective in December 20, 2006.

USCIS Updates H-1B Cap Count

As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.

USCIS Updates H-1B Count

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

DOL FAQs on Labor Condition Applications for H-1Bs

The Department has posted FAQs concerning the iCert system and LCAs, including information regarding FEINs(Federal Employer Identification Number). To read the FAQs please see attachment.

Proposed Rule on Temporary Agricultural Employment of H-2As

The Department has published in the Federal Register a Notice of Proposed Rulemaking on the Temporary Agricultural Employment of H-2A Aliens in the United States. The Department is accepting comments on the proposed rulemaking until October 5, 2009.

To read the full text of the NPRM and to find out about the submission of comments, please check attachment.

USCIS Updates H-1B Count for FY 2010

As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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