Employers who employ foreign worker in H-1b position are required to submit Labor Condition Application (LCA). Because one cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR § 655.730(b)), it is suggested by AILA that to get the LCA in hand before April… Continue Reading
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PA: (267) 908-5060
PA: (267) 908-5060
Employment Based Immigration
USCIS Announced Revised Filing Instructions for Several Forms
USCIS recently announced revised filing instructions and addresses for filing several forms, including Form I-765 (Application for Employment Authorization), and I-485 (Application to Register Permanent Residence or Adjust Status). To download most recent forms, please visit www.uscis.gov. Continue Reading
USCIS Updates FY 2010 H-1B Count
As of September 25, 2009, approximately 46,700 H-1b cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue 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… Continue Reading
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
USCIS Updates FY 2010 H-1B Count
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. 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
USCIS Continues to Accept FY 2010 H-1B Petitions
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… Continue Reading
Employment Based Immigration — Recommendation Letter Drafting
People who are preparing for filing of EB1A (Person of Extraordinary Ability), EB1B (Outstanding Researcher/Professor) and NIW (National Interest Waiver) cases often struggle with recommendation letter drafting. They are either too busy with the research projects or teaching asssignment or they are not confident enough to draft 5 or 6 letters on the same subject… Continue Reading
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