Partner Laura J. Mazel spoke at the 48th Annual Meeting of the Association of Independent Research Institutes (AIRI) in Seattle. The meeting was held October 4-7, 2009.

Ms. Mazel addressed key immigration compliance issues for research institutes. She also addressed Export Control Act issues, some resulting in collaborations with private entities, and tips for retaining highly skilled researchers.

• Visa Bulletin:  The State Department’s recently issued visa bulletin for September 2009 shows significant forward movement for the second month in a row in the Employment-Based second preference category for Chinese and Indian nationals.  The EB-2 classification for these individuals advanced to January 8, 2005, a jump of one year and three months over last month’s bulletin.  The Employment-Based first preference category remains “Current” for all nationalities while, unfortunately, the Employment-Based third preference category continues to be “Unavailable.”   As October marks the beginning of the government’s fiscal year, we may have additional changes to report next month. 

USCIS Announces H-1B Numbers Still Available

• About 20,000 Fiscal Year H-1B visas remain available. The government recently related that as of July 10, 2009, it has received approximately 44,900 H-1B cap-subject petitions counted towards the H-1B quota of 65,000. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS relates it will continue to accept both cap-subject petitions and advanced degree petitions.

• The Majority of I-140 Petitions May Now Be Filed by Premium Processing

Starting today, June 29, 2009, the United States Citizenship and Immigration Services (USCIS) has restored Premium Processing for most I-140 Employment Based Immigrant Visa Petitions. The USCIS will also provide petitioners who file Premium Processing cases specific contact information including a dedicated phone number and e-mail address to enable efficient communication on the case matter. Employees may pay for the $1000 Premium Processing filing fee. The USCIS currently processes I-140 visa petitions in about 4-10 months.