USCIS Updated H-1B Counts

On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers.  Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap.

USCIS Issued A Revised FAQ on Federal Contractors and E-Verify

In April 2010, the United States Citizenship and Immigration Service (“USCIS”) issued a revised Frequently Asked Questions on Federal Contractors and E-Verify. The FAQ addresses what Federal contracts are impacted by the Federal Acquisition Regulation (FAR), what employees are impacted by FAR, information regarding the initiation of E-Verify inquiries, how the rule impacts subcontractors and … Read more

Criminal Defense Counsel Has a Sixth Amendment Obligation to Inform a Defendant About Immigration Consequences

Supreme Court holds that criminal defense counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when  consequences are clear. http://www.supremecourt.gov/opinions/09pdf/08-651.pdf The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years.  His criminal defense lawyer advised him on the guilty plea … Read more

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Begining April 1, 2010

U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked. … Read more

Four Immigration Program Extended

On 10/28/2009, President Obama signed into law which extends the non-minister religious worker, the “Conrad 30”, the EB-5 visa (investor visa) and the E-Verify program through September 30, 2012. The law also includes statutory authority for USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die … Read more

Surviving Spouses of U.S. Citizens May Qualify for Deferred Action

USCIS issed guidance on requesting deferred action for surviving spouse of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from their U.S. citizen spouse at the time of that spouse’s death; did not remary; and are … Read more

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 … Read more