DELAWARE IMMIGRATION LAWYER BLOG

As of July 3, 2009, approximately 45,000 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 exemptions had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.

Aliens who are unlawfully present and voluntarily departed the United States may face the three-year, ten- year and permanent bar when seeking readmission. However, being in an unlawful immigration status does not necessarily accrue unlawful presence.

There are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. For example, minors who are under 18 years of age, aliens with pending asylum applications, certain battered spouses, parents and children, nonimmigrants with pending requests for extension of status or change of status, and etc, will not accrue unlawful presence.

The old LCA (Labor Condition Application) system was taken down by DOL on Tuesday June 30, 2009. Begining on July 1, 2009 users must use the new ICert system at http://icert.doleta.gov to file LCAs.

All non-U.S. citizens (Aliens) who are required to be registered are also required to keep USCIS informed of their current address. You can change your address online: HERE.

On June 11, 2009, the U.S. District Court of Washington at Seattle found that 8 C.F.R. Section 245(a)(2)(i)(B) was unreasonable and impermissible construction of governing status. The regulation at issue sets forth that religious worker cannot concurrently file I-360 (Petition for Special Immigration Visa), I-485 (Adjustment of Status Application) and I-765 (Employment Authorization Application).

On March 20, 2009, President Obama signed Public Law 111-9 extending the non-minister religious worker program through September 29, 2009.

Non-minister Religious workers must file their special immigrant peititions before September 29, 2009.

Eligibility for special immigrant status requires religious workers (1) to have been a member, for two years, of a religious denomination that qualifies as a bona fide, nonprofit, religious organization in the United States; and (2) to have been carrying on religious work continuously, either abroad or in the United States, for at least two years immediately preceding the filing of the application.

The religious worker must be coming to the United States solely for the purpose of (a) acting as a minister; (b) working in a professional capacity in a religious vocation or occupation for a religious organization and at the organization’s request; or (c) working in a religious vocation or occupation for a religious organization or an affiliated organization.

I just came back from the American Immigration Lawyers Association’s annual conference in Las Vegas. Never saw so many immigration lawyers in one room before. It is a great experience.

April 9, 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates as the processing of FY2010 H-1B petitions continue.

– USCIS –

April 8, 2009 Update

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.

Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met. The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked. The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

Petitions filed on behalf of current H-1B workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B in General U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

– USCIS –

Immigrant Detainee Dies, and a Life Is Buried, Too

Ill and in Pain, Detainee Dies in U.S. Hands