Immigration News

Read the latest news and information about immigration issues that may affect you.  We provide short summaries of important announcements, news, and articles about U.S. immigration law and procedures.  Many have links to more information on the topic of the news summary.

Jun. 11, 2010

USCIS Reports FY2011 H-1B Numbers Reach 22,200 on June 11, 2010

U.S. Citizenship and Immigration Services (USCIS) announced today that it has so far received 22,200 H-1B petitions for the Fiscal Year 2011 (FY2011) visa quota of 65,000. This means approximately 42,800 H-1B visa numbers are still available for FY2011, as of June 11, 2010.

(Up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.)

USCIS also announced that it has received approximately 9,400 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000 H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S. institution of higher education. This means that 10,600 U.S. Master's Degree H-1B petition numbers are still available for this fiscal year.)

For the official USCIS announcement and current update on the FY2011 cap, please see the USCIS website.

For more information about the H-1B visa program generally, please see our H-1B visa page.

Dec. 21, 2009

USCIS Reports FY2010 H-1B Cap Has Been Reached on December 21, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today that it has so far received enough H-1B petitions to meet the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means there are no more H-1B visa numbers available for FY2010.

(If you are a citizen of Chile or Singapore, you will still have a number available to you through special set-asides for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.)

USCIS also confirmed that it has already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000 H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S. institution of higher education. Therefore, those exemptions are also no longer available for the rest of this fiscal year.)

For the official USCIS announcement on the FY2010 cap, please see the USCIS website.

For more information about the H-1B visa program generally, please see our H-1B visa page.

Nov. 27, 2009

USCIS Reports FY2010 H-1B Numbers Reach 58,900 on November 27, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today that it has so far received 58,900 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means approximately 6,100 H-1B visa numbers are still available for FY2010, as of November 27.

(Please keep in mind that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Although USCIS may set aside "up to 6,800" visas, it is not clear how many visas USCIS will actually need to set aside for citizens of Chile and Singapore.)

USCIS also confirmed that even though it has already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000 H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S. institution of higher education, it is still accepting those petitions as well, but will process those petitions under the "regular" 65,000 cap as long as the petition is filed before USCIS conducts the lottery for the regular cap.)

For the official USCIS announcement and current update on the FY2010 cap, please see the USCIS website.

For more information about the H-1B visa program generally, please see our H-1B visa page.

June 22, 2009

USCIS Announces Resumption of Premium Processing Service for Most (But Not All) I-140 Immigrant Petitions

U.S. Citizenship and Immigration Services (USCIS) announced today that effective June 29, 2009, it will resume Premium Processing Service for most (but not all) I-140 Immigrant Petitions. This will include I-140 petitions in the following categories: EB-1A Aliens with Extraordinary Ability, EB-1B Outstanding Professors or Researchers, EB-2 Members of Professions with Advanced Degree or Exceptional Ability (but not for national interest waiver petitions), EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. Unfortunately, USCIS stated that it will not provided premium processing services for I-140 petitions for EB-1C Multinational Executives or Managers or for National Interest Waivers.

Under the premium processing, USCIS guarantees petitioners that, for a $1,000 processing fee, it will approve or ask for additional evidence within 15 calendar days of receipt. (USCIS will typically refund the $1,000 if it does not complete the case on time.)

For the entire USCIS announcement, please see the announcement on the USCIS website.

April 20, 2009

USCIS Reports FY2010 H-1B Numbers Reach 44,000 on April 20, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today that it has so far received 44,000 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means approximately 21,000 H-1B visa numbers are still available for FY2010, as of April 20. USCIS also announced that even though it has already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000 H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S. institution of higher education, it is still accepting those petitions as well. (If USCIS receives more than 20,000 U.S. Master's Degree petitions, those petitions may still be eligible for the "regular" 65,000 cap as long as the petition was filed before USCIS conducts the lottery for the regular cap.)

For the entire USCIS announcement, please see the USCIS website.

For more information about the H-1B visa program generally, please see our H-1B visa page.

April 9, 2009

USCIS Reports FY2010 H-1B Reach 42,000 on April 9, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received only 42,000 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means approximately 23,000 H-1B visa numbers are still available for FY2010, as of April 9. USCIS also announced that it had already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000 H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S. institution of higher education. (If USCIS receives more than 20,000 U.S. Master's Degree petitions, those petitions may still be eligible for the "regular" 65,000 cap as long as the petition was filed before USCIS conducts the lottery for the regular cap.)

For the entire USCIS announcement, please see the USCIS website.

For more information about the H-1B visa program generally, please see our H-1B visa page.

March 12, 2009

EB-5 Immigrant Investor Pilot Program Extended

U.S. Citizenship and Immigration Services (USCIS) announced today that Congress and President Obama have extended the Immigrant Investor Pilot Program through September 30, 2009. The extension is included in the “Fiscal 2009 Omnibus Appropriations Bill,” H.R. 1105. (EB-5 is the "million dollar" investor green card.)

For more information about the EB-5 investor visa program generally, please see our EB-5 Investor Visas ("Million Dollar" Investor Green Card) page.

Feb. 24, 2009

USCIS Opens "Premium Processing" Service for Some (But Not All) Form I-140 Petitions

U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. Currently, only certain beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140.

Specifically, beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for I-140 petitions filed on behalf of beneficiaries who, as of the date of filing the Form I-907:

• Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service (typically all I-140 petitions  other than national interest waiver);

• Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;

• Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (i.e., the 3-year H-1B extension available to those whose I-140 has been approved but who cannot file their I-485 green card application, because of the visa backlog for their country or because of the visa backlog for the world in their category); and

• Are ineligible to extend their H-1B status under section 106(a) of AC21 (i.e., the 1-year extension available to those whose labor certification application or I-140 was filed before the end of the beneficiary's 5th year in H-1B status.

Dec. 19, 2008

DHS Issues Final Rule Subjecting Lawful Permanent Residents (i.e., green card holders) to US-VISIT Requirements

On December 19, 2008, U.S. Department of Homeland Security (DHS) issued a final rule in the Federal Register requiring all U.S. lawful permanent residents (i.e., green card holders) to comply with the reporting requirements of the US-VISIT program. For a complete copy of the new rule, please see the December 19, 2008 issue of the online version of the Federal Register.

Oct. 16, 2008

USCIS to Grant TN Status for 3 Years Instead of for Only 1 Year

On October 16, 2008, U.S. Citizenship and Immigration Services (USCIS) issued a final rule in the Federal Register stating that for all TN petitions received and approved on or after October 16, 2008, USCIS will grant approvals for the period requested or for a full three years, whichever is less.

For a complete copy of the new rule, please see the October 16, 2008 issue of the online version of the Federal Register.

May 10, 2008

NCES CIP Codes for STEM Degrees

For the list of Classification of Instructional Programs codes published by the National Center for Education Statistics (NCES CIP codes) that have been designated by ICE as science, technology, engineering, or math (STEM) degrees for the purpose of approving a 17-month STEM extension of optional practical training (OPT), click here.
To read the F-1 OPT Interim Final Rule, click here.

May 10, 2008

USCIS Runs H-1B Lottery on April 14, 2008

USCIS announced that it conducted the FY 2009 H-1B lottery on April 14, 2008. For more information, click here.

April 30, 2008

USCIS Announces FY2009 H-1B Caps Reached UPDATE

The USCIS Update of April 8, 2008, reporting that both the regular FY2009 H-1B cap and the 20,000 cap for advanced degree graduates have been reached, is available here

~USCIS Temporarily Makes Accommodation for H-1B FY2009 Cap-Subject Petitions Received at the Wrong Service Center

AILA has been informed that USCIS will temporarily make accommodations for H-1B FY2009 cap-subject petitions received at the wrong service center. For more information, click here.

~USCIS Service Center Operations Replies to AILA Liaison Questions on H-1B Processing

USCIS provided responses to AILA questions regarding duplicate filings of H-1Bs and improper rejections of H-1Bs. Click here for the responses.

~USCIS Releases Preliminary Number of FY2009 H-1B Cap Filings

On April 10, 2008, USCIS announced the preliminary number H-1B petitions received during the filing period ending on April 7, 2008. Click here for more information.

April 30, 2008

F-1 OPT Interim Final Rule

~DHS Announces Interim Final Rule Extending OPT for Qualified Students

An April 4, 2008, a Department of Homeland Security Press Release announced an interim final rule extending the period of Optional Practical Training (OPT) for qualified F-1 nonimmigrant students. For more information, click here. To read the interim final rule, click here.

~F-1 OPT Interim Final Rule and Gap in the "Cap Gap Bridge"

AILA received an update from USCIS regarding the interim final regulation revising and extending F-1 Optional Practical Training as it relates to allowing for a "bridge" for F-1 students who are picked in the H-1B lottery and requires the petitioner to have marked the petition "change of status."

~USCIS Q & As

On April 10, 2008, USCIS released Questions and Answers regarding the extension of Optional Practical Training for qualified students. For the Q &As, click here. 

April 13, 2008

USCIS Announces FY2009 H-1B Caps Reached

On 4/08/08 U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.

To read the April 8, 2008 announcement, click here.

Mar. 01, 2008

USCIS Releases Updated Background Check Q & As

On 2/28/08 USCIS released updated background check Q & As. The policy update is followed by the first draft of the Q & As released on 2/20/08.

To read the Q & As, click here.

Feb. 24, 2008

More on Processing of Adjustment Applications

Service Center Operations (SCOPS) liaison has confirmed that the service centers are conducting "sweeps" to find adjustment of status cases that can be reviewed for adjudication under the changes in background check procedures announced by USCIS on February 4, 2008. AILA national has asked USCIS HQ for information on processing of adjustment of status cases at local offices that can be reviewed under the same memo, and many chapters have already contacted local USCIS offices for further information on local processing.

SCOPS has asked AILA members to hold off on submitting liaison inquiries on cases at the service centers that were delayed due to background checks until after April 30, 2008. The USCIS hopes to have identified and taken action on cases by that date.

To read the February 4th Memo, click here.

Feb. 24, 2008

USCIS Revises Background Check Process: Will Adjudicate Adjustments Where FBI Name Check Pending Beyond 180 Days

This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits.

To read the memo, click here.

Jan. 13, 2008

Visa Bulletin for February 2008 - EB-2 for India Unavailable Effective Immediately

Section D of the Department of State February 2008 Visa Bulletin addresses the unavailability of employment-based second preference visas for India, effective immediately.

For more information, click here.

 

Read the 2003, 2004, 2005, 2006 and 2007 News Archives