Month: October 2011

The USCIS has reverted to of sending I-797 H-1B approval notices to the attorneys of record (as indicated on the Form G-28) rather than to petitioning companies or organizations.  For the past year or so the agency has been sending these notices which often include original I-94 Records directly to companies that would often need to contact their attorneys to clarify what to do with the document.  This is a welcome step back.

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The Department of Labor has announced that as of October 24, 2011, it planned to be current on PERM Prevailing Wage Determinations.  This is after long delays were occurring due to the agency’s efforts to comply with a court order.

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According to the USCIS, as of October 14, 2011, the agency had
received 46,200 out of 65,000 available cap-subject H-1B petitions for
FY-2012 and 20,000 out of 20,000 available petitions under the H-1B
Master’s Cap Exemption.

When the Master’s Cap Exemption has been exhausted, petitions filed on behalf of beneficiaries with Master’s or higher degrees from US universities will be counted towards the general 65,000 H-1B limit for the fiscal year.

If you are a cap-subject organization that wishes to file an H-1B on behalf of a qualified foreign-national, this would be a good time to do it.  As the numbers get closer to becoming exhausted those on the fence tend to file in greater numbers so the cap may be reached in the next several weeks.

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According to a USCIS News Release:  “U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud.”

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According to an article on washingtonpost.com:  “District of Columbia Mayor Vincent Gray has signed an executive order
directing police officers not to question people they arrest about their
immigration status.”

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According to the USCIS, as of October 14, 2011, the agency had
received 43,300 out of 65,000 available cap-subject H-1B petitions for
FY-2012 and 19,600 out of 20,000 available petitions under the H-1B
Master’s Cap Exemption.

When the Master’s Cap Exemption has been exhausted, petitions filed on behalf of beneficiaries with Master’s or higher degrees from US universities will be counted towards the general 65,000 H-1B limit for the fiscal year. 

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According to the USCIS, as of October 12, 2011, the agency had received 41,000 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 19,100 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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According to a USCIS News Release:  “U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh to announce “Entrepreneurs in Residence.”  This new innovative initiative will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. Mayorkas announced the initiative at the Jobs Council’s High Growth Entrepreneurship Listening and Action Session at AlphaLab in Pittsburgh before the Council’s quarterly meeting with President Obama.”

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The USCIS is now sending original I-797 Approval Notices directly to petitioners or applicants rather than to the attorneys of record as has been the agency’s practice in the past.  Attorneys are now getting courtesy notifications of approvals.

This can be problematic as some employers or foreign nationals may not understand the importance of I-94 Arrival/Departure Records or I-797 notices.  It is also important for lawyers to keep copies of I-94 records in order to keep accurate track of their clients’ periods of authorized stay in the US.  So far, the USCIS has indicated that it has no intention of reverting back to its previous practice.

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The Department of Labor has released an informative Foreign Labor Certification Annual Report.

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