|
|
Welcome
|
Immigration Law -
H-1B Cap Count
|
|
The H-1B Program U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models. How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 17 through 19, with a revision date of November 23, 2010, or later) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption. FY 2013 H-1B Cap Count Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count | H-1B Regular Cap | 65,000 | 36,700 | 05/11/2012 | H-1B Master’s Degree Exemption | 20,000 | 14,800 | 05/11/2012 |
Source http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD |
|
|
Blogs -
Immigration Blog
|
|
TOP STORIES - Courts Get it Right Judge Frost of the U.S. District Court for the Southern District of Ohio found that the position of "Marketing Research Analyst" is a specialty occupation. This decision is one of the finest pieces of legal scholarship in this field in many years. The 20 page decision is a model of logic and clarity. The judge sees beyond and behind the many attempts by both the Service in its original decision, and its attorneys on appeal, to obfuscate the facts and the legal issues. It should be mandatory reading for every sitting judge on every court in every jurisdiction. I will have a much more detailed analysis of the decision in a future post. A three judge panel in a decision written by Judge Reinhardt finds that Mr. Anderson was legitimated for the purpose of deriving citizenship through his mother where under AZ law "every child is the legitimate child of its natural parents." In effect, legitimacy is a status, not a process or procedure. And, "[w]here the identity of a child's natural parents is clear, however, the same statute that establishes the child's legitimacy also establishes its parentage under state law." Selected happenings in Immigration Law, Policy and Procedure
New Guidance on the Neufeld Employer/Employee relationship memo - This memo and its implementation are sending jobs offshore more importantly the memo and its implementation are contrary to law. However, no petitioner has come forward with a meritorious claim to bring against the USCIS. The one prior claim was dismissed on procedural grounds and was further handicapped by the fact that it was brought in the DC District, a jurisdiction that is historically loathe to stand up to government overreaching. April Visa Bulletin - China and India EB-2 priority dates held steady at 01MAY10, effectively yielding a 30 day increase in the waiting time. EB-2 Predicted to Retrogress - DOS official tells the American Immigration Lawyers Association that China and India EB-2 priority dates are expected to retrogress to August , 2007 in either the May or June visa bulletins. (No link available information contained in an AILA posting). BALCA finds that there is no requirement that the employer prove publication of the SWA job order. This is important because it affirms the finding in a similar case and should put to a stop the DOL's insistence that it can make up the rules in its ongoing effort to find reasons to deny PERM applications, rather than fairly adjudicating them. |
|
Practice Information -
Practice Blog
|
Immigration Law
Among our many approved cases during the first part of the year, several stand out.
EB-2 NIW approved for Analytical Chemist.
BIA - Remand: Our client's case was improperly denied by the district office. We filed an appeal pointing out the legal and factual errors. The BIA has remanded the case to the district office for a proper adjudication.
T - Adjustment Cases - All Approved: We have been representing 18 principal and 18 derivative T visa holders since before there was a T visa category. As such we have been ahead of USCIS every step of the way. We are very pleased to report that after 10 years we have finished the last adjustment case and all applicants have received their Green Cards. These victims are just a few of the nearly 300 individuals held in slave like conditions in American Samoa at the Daewoosa garment factory. Now, ten years after their rescue all the victims we have represented are permanent residents as well as their qualifying family members.
HHS Waiver Reconsideration - Waiver Recommendation Issued: When the HHS first reviewed our 212(e) waiver recommendation request they did nothing for a full year and then denied it. We asked that they reconsider the decision and presented recent evidence of additional publications as first author. Our client's case was reconsidered, the waiver recommendation was granted and the Department of State notified.
|
|
Read more...
|
|
Blogs -
I-9 Blog
|
|
The USCIS has issued a new Handbook for Employers.
The latest USCIS Handbook for Employers was issued on June 1, 2011.
The document is available HERE. |
|
Last Updated ( Friday, 10 June 2011 16:48 )
|
|
Immigration Law -
Immigration
|
|
Office of Immigration Litigation Issues Reference Guide to Immigration
Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky.
In view of the Supreme Court’s decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Office of Immigration Litigation (“OIL”) has prepared a comprehensive overview of the provisions of the Immigration and Nationality Act that are relevant to criminal aliens. The overview is intended to assist interested parties in understanding the potential immigration consequences of a plea to criminal charges. Padilla held that the Sixth Amendment requires defense counsel to advise a noncitizen client of the risk of deportation arising from a guilty plea. The Court concluded that defense counsel’s failure to so advise, or defense counsel’s misadvice regarding the immigration consequences of the plea, may constitute ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), which may be a basis for withdrawing a guilty plea and vacating a conviction.
The Court’s holding in Padilla requires defense counsel to have a basic understanding of immigration law – an area in which they “may not be well versed” – in order to effectively advise their clients. Padilla, 130 S. Ct. at 1483. The decision is also of obvious importance, however, to federal and state prosecutors and judges, among other interested parties. This guide – to which many OIL attorneys have contributed – presents a brief, cogent, and clear introduction that identifies and summarizes the relevant statutes.
REVISED Padilla v. Kentucky Reference Guide 11-8-10
|
|
|
|
|
|
Contact Us
-wide.JPG "Philadelphia Office")
BNY Mellon Center
1735 Market Street
Suite 3750
Philadelphia, PA 19103
T-215-965-7898
F-215-827-5645 E-Mail alf@arnoldfeldman.com
Networking
|
