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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
DOL Releases H-2B Entertainer FAQs
The Department has released FAQs for H-2Bs in the entertainment industry.
Updated List of SEVP Approved Schools (Updated 6/30/09)
ICE updated its list of Student and Exchange Visitor Program approved schools on 29th June 2009.
Visa Bulletin August 2009
Number 11
Volume XI
Washington, D.C.
A. STATUTORY NUMBERS
Green Card
"Proving Existence of a Job for H-1 B" published by "The Practical Lawyer", American Law Institute, American Bar Association Publication
Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".
Profession/Occupation
Immigration Information for Members of the U.S. Armed Forces and their Families
USCIS offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad.
H-1 Quota Count as of 10 July 2009
As ofJuly 10, 2009, approximately 44,900 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.
Guestbook Entry for Anatoly, United States
H-1 Approvals Without Letter from the End-Client
We have been retained by several consulting companies to try to respond to their RFE's all of which require a letter from the end-client. Many times, despite best efforts, such letters are not available. So, as a test case, we filed an Request For Evidence is a a request from a government agency to provide further information on an issue before the government.
Nonimmigrant Visas
USCIS Announces 18-Month Extension of Temporary Protected Status for Nationals of Somalia
USCIS announced that the Department of Homeland Security will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.
USCIS Announces Resumption of Premium Processing for R-1 Nonimmigrant Visa
U.S. Citizenship and Immigration Services (USCIS) announced that, effective today, it will resume Premium Processing Service for nonimmigrant religious worker petitions filed by certain R-1 petitioners. Only those petitioners who have successfully passed an on-site inspection are eligible to file under Premium Processing Service.
Administrative Appeals Office(AAO) Processing Times
Administrative Appeals Office is an office within USCIS that decides appeals from denials of various petitions by USCIS such as H-1, L-1, I-140 etc.
H-1 Quota Count as of 24 July 2009
As ofJuly 24, 2009, approximately 44,900 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.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
U.S. Customs and Border Protection to Start SENTRI Program at San Luis Port of Entry
Travelers wanting to participate in U.S. Customs and Border Protection’s trusted traveler program in the San Luis area will soon have the opportunity to participate in the Secure Electronic Network for Travelers Rapid Inspection program.
CBP will open a local enrollment center in the fall of 2009, followed by dedicated commuter lanes at the San Luis port of entry in late 2009. Travelers interested in participating in the program are encouraged to apply early for the new program by visiting the SENTRI Web site.
DOL Updates – 06/30/10
Prevailing Wage and FIFO (First-in, first-out order)
All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used. Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.
For guidance and guidelines for processing please visit this link.
New Schedule of Consular Fees to Take Effect on July 13, 2010
Office of the Spokesman Washington, DC
June 28, 2010
State Dept. Publishes Schedule Of Fees For Consular Services
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Rules and Regulations]
[Page 36522-36535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-5]
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State Dept. Update on Biometric Signature and Affirmation of DS-160 NIV Application
DOS published a cable on biometric signature and affirmation of the DS-160 NIV Application.
Chicago Field Office updates – 07/01/10
Completing a naturalization application where the applicant is unable to recollect all the times
In situations where the applicant travels frequently on business or when an applicant is a long-time permanent resident who traveled frequently since first obtaining permanent residence the Chicago Field office accepts an affidavit attesting to approximate dates of travel.
Motion to Reopen