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Employment Based Immigration

Self Sponsored H-1B

Some decisions and cases support that a corporation even if it is owned and operated by a single person may hire that same individual in an H-1B capacity. This is based on the concept that the corporation is a separate legal entity fron its owner. However, self-sponsored H-1Bs are subject to careful review. The parties… Continue Reading

Interesting Case Regarding Religious Worker

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). Continue Reading

Special Immigrant Non-Minister Religious Worker Program Extended

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… Continue Reading

USCIA Updates Count of FY2010 H-1B Petition Filings

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… Continue Reading

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