Duplicate Biometrics Appointment Notices (Updated)

According to AILA, attorneys throughout the country have noted that clients have received a second biometrics appointment notice after receiving a initial notice and appearing for biometrics capture. AILA has contacted USCIS about this issue and we will provide an update shortly. >> UPDATE from AILA 9/30/2014: The Texas Service Center (TSC) has informed AILA that it is aware that duplicate biometrics notices are being sent to attorneys and/or clients and is working to correct

September 30, 2014

DOS Alert: Approved H-1Bs with a 10/1/14 Start Date May File Visa Applications Now

According to the DOS Alert, Beneficiaries of approved H-1B petitions with an October 1, 2014 start date may now begin filing their visa applications at U.S. consular posts.

July 8, 2014

USCIS Received 172,500 H-1B Petitions

USCIS issued a press release stating that they received approximately 172,500 H-1B petitions during the FY2015 filing period and completed the computer-generated random selection process on 4/10/14 to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption.

April 11, 2014

H1B Cap Reached

USCIS has announced that it has already received a sufficient number of H-1B petitions to reach the statutory cap for FY2015 for both the general category and the advanced degree exemption category, and will close the filing period after today. A random selection “lottery” will occur at a later date.

April 7, 2014

DOL Office of Foreign Labor Certification (OFLC)

According to AILA, the DOL Office of Foreign Labor Certification (OFLC) has confirmed that during the government shutdown, it is neither accepting nor processing any applications or related materials it receives, including Labor Condition Applications (LCAs). In the past, USCIS has accepted H-1B filings for a temporary period with uncertified LCAs along with proof that the LCA was timely filed, in accordance with INA §212(n)(1) and CFR §214.2(h)(4)(i)(B)) due to processing delays with the DOL

October 3, 2013

Federal Government Shutdown and Immigration Impact

The American Immigration Lawyers Association has contacted immigration applicable government agencies for an update regarding contingency plans in light of the possibility of a government shutdown on or after October 1, 2013. To date, no information in response has been received. It is reasonable to believe, however, agency plans in development in the event of a government shutdown next week will mirror plans developed in anticipation of a government shutdown in 2011. For example, many

September 30, 2013

BALCA Reinforces the Good Faith Recruitment Requirement

In Matter of W. Alex Choi, CPA, 9/26/13, BALCA upheld a denial noting that records of interview invitations sent via certified mail revealed that the letters did not reach the applicants. BALCA found the employer failed to make additional attempts to contact the applicants. These elements, together, established that the employer lacked good faith in its recruitment efforts.