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.
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.
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.
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
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
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.
DOL has said that FEIN verifications may be delayed due to the sheer volume of verifications being submitted in anticipation of H1B lottery.