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May H-1B Developments
Written by Weaver, Schlenger & Mazel   
Wednesday, 20 May 2009

Employers may still file H-1B Visas for Fiscal Year 2010; New Labor Condition Application “I-Cert” Delayed until June 30, 2009

Fiscal Year H-1B Numbers
About 20,000+ Fiscal Year 2010 H-1B Visas are Still Available.  The government has related, not surprisingly given the economic downturn, that as of May 18, 2009, it has only received approximately 45,500 regular H-1B cap petitions, and about 20,000 advanced degree petitions.    [The government grants 20,000 additional H-1B visas for holders of U.S. advanced degrees.]  The government will continue to accept both cap-subject and advance degree petitions until it has received 65,000 H-1B-cap petitions and 20,000 advance degree H-1B petitions.  Beneficiaries of approved fiscal year 2010 H-1B petitions can begin work in H-1B status no earlier than October 1, 2009. 

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USCIS Continues to Accept H-1B Petitions, Cap Not Reached
Written by Weaver, Schlenger & Mazel   
Tuesday, 21 April 2009

On April 13, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

 
USCIS will Continue to Accept Fiscal Year 2010 H-1B Petitions
Written by Weaver, Schlenger & Mazel   
Wednesday, 08 April 2009

On April 8, 2009 the USCIS Announced that it Will Continue to Accept FY2010 Petitions as Fiscal Year Quota Has Not Yet Been Reached

The USCIS announced that as of April 8, 2009, it will continue to accept petitions towards the FY2010 H-1B quota. The USCIS estimates that it has received approximately half of the petitions needed towards the general H-1B quota, and that it is just short of reaching the number of petitions towards the Master's quota. Additionally, it announced that the fifteen (15) calendar day period for premium processed petitions began on April 7, 2009. On April 8, 2009, the USCIS began issuing receipts for all FY2010 H-1B cases received between April 1, 2009 and April 8, 2009.

Please contact us with any questions.

 
Reminder that Employers Must Use New I-9 Form Starting this Friday, April 3, 2009
Written by Weaver, Schlenger & Mazel   
Wednesday, 01 April 2009
  • As we have previously related, employers must use the Department of Homeland Security’s new form for Employment Eligibility Verification (Form I-9) starting on Friday, April 3, 2009 for new hires or re-verification of old I-9s.  Click here to view the new Form I-9 in PDF format.
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H-1B Visa Petitions: New Labor Condition Application Form and 7-10 Day LCA Adjudication Timeline
Written by Weaver, Schlenger & Mazel   
Wednesday, 01 April 2009
  • As our clients know, H-1B visa application packages require submission of an approved LCA.  The Department of Labor is planning to publish a new LCA form on April 15, 2009.  The DOL earlier related that employers will not be required to use the new LCA form until 30 days after it is published, or May 15, if the government does not delay publication of the form.  According to earlier DOL pronouncements, that agency may take up to 7-10 days to adjudicate an LCA, rather than the same day adjudication at present.   We will plan to advise our clients on an individual basis about effectively managing the H-1B and LCA process when the form is published.

We hope that this information is helpful. Please contact us with questions.

 
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