USCIS Announces cap-count update for H-2B petitions
July 3, 2008
H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational area. The H-2B numerical limit set by Congress per fiscal year is 66,000. So far, for the First half of the 33,000 H-2B Cap only 10,398 beneficiaries have been approved with 6,907 applications still pending. The USCIS normally has a target of accept 40,000 petitions for the first half with an allowance for withdrawals, denials and revocations. So far a total of 17,305 applications have been submitted.
USCIS Addresses problems in FBI Name Check Delays
July 2, 2008
As of May 6, 2008, USCIS reported 269,943 FBI name check cases pending. Approximately 81 percent 219,615 have been pending more than 90 days, and approximately 28 percent 74,260 have been pending for over a year. The remaining numbers include 18,050 cases which have been pending more than two years. As of May 6, 2008, USCIS had 4,129 cases pending for almost three years or more, 636 cases pending over four years, and 54 cases which have been pending for nearly five years. FBI name check delays have had substantial consequences for USCIS customers (applicants, families, and employers) and the economy. Examples of how legitimate customers suffer include: Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship; Problems obtaining drivers’ licenses; Inability to qualify for certain federal grants and funds; Limitations on the ability to purchase property; Difficulty obtaining credit and student loans; Disqualification from in-state tuition; and Delay in obtaining full citizenship rights, most notably the right to vote.
Update on USCIS Service Center’s Processing Time Reports
June 18, 2008
The U.S. Citizenship and Immigration Services (USCIS) today issued Processing Time Reports for California, Vermont, Nebraska, Texas and National Benefits Centers as of 6/15/2008. The USCIS generally provides monthly updates to give its customers accurate information about current processing times and service level commitments. We have posted these reports under USCIS Processing Times & Recent Immigration News section on our website in PDF files.
USCIS to Issue Two-Year Employment Authorization Documents
June 13, 2008
The U.S. Citizenship and Immigration Services (USCIS) have now decided that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years to certain individuals who have applied for LPR Status. The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available. The USCIS will decide whether to renew an EAD for either a one or two year validity period based on the most recent Department of State Visa Bulletin. We at GLC post these dates for your convenience on our website under Visa Bulletin as soon as they become available from U.S. Department of State.
FY2009 Cap-Subject H-1B Update
June 12, 2008
The USCIS Service Center Operations has provided the following information regarding processing cases under the FY2009 H-1B cap:
1. Except for cases that were being reviewed as potential duplicate filings, all receipts have been issued for those cases selected in the random lottery. The CSC and VSC completed data entry on all selected cases on May 23, 2008, and mailing of all receipts was completed on May 24, 2008.
2. Cases that were thought to be duplicate filings are being hand reviewed to determine if they are true duplicates. USCIS has received approximately 500 petitions that are believed to be duplicates. However, some of these were submitted as "protective filings" due to courier delivery confirmation problems or where the petition was sent to an incorrect Service Center. Each will be reviewed and determined on a case-by-case basis. If the second submission was accompanied by an explanation of the reason for the second submission, there is a good chance of acceptance.
3. USCIS has determined that the number of petitions selected during the random selection process will be sufficient to meet the cap limit. Therefore, the use of the reserve/cushion will not be necessary this year. USCIS has begun to mail out rejections this week.
EB-3 Category Will Become Unavailable: Adjustment Applications to be Accepted Through End of June
June 12, 2008
Effective with the July 2008 Visa Bulletin, the EB-3 category will become unavailable until October 1, 2008. Clients who have June Priority Dates will continue to be able to file adjustment of status applications and have them receipted through the end of June.
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