On Fri, the USCIS held an open forum to discuss the impact of the January Neufeld memo which prohibited “job shopsâ€� from participating in the H-1b program, and, specifically, the impact to healthcare staffing companies. Both Sherry Neal and myself attended along with several other attys. that represent physician and therapy staffing companies.  First, I […]

Recently, the USCIS, particularly, the California Service Center has imposed requirements on IT staffing companies employing H-1b workers that are not found in any statute or regulations.  The requirement to produce contracts from parties with which the petitioner has no direct relationship is impossible to meet and the Service Center knows it ! That, is in fact their […]

As of Dec 8, 2009, the USCIS has accepted 61,500 H-1b petitions toward the FY 2010 cap. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now […]

As of April 27th, the USCIS announced that only 45,000 cases seeking an H-1b for FY 2010 had been filed.

We have just learned that there is a problem with the interface tool for the USCIS “Case Status Online” system which has caused delays in entry of receipt numbers into the system and updates of case statuses.  This is a recurring problem that the USCIS is working on to fix, but has not given a time estimate of […]

USCIS has released an updated guide for employers filling out I-9’s.  At 65 pages, it’s not exactly succinct, but it is useful.
This link goes to the PDF:   USCIS I-9

In a recent presentation to the international students at the University of Cincinnati, I was asked whether I could provide them with a list of employers participating in the E-Verify Program that they could use during their job search to find a potential “STEM extension” employer.  To my knowledge, no such public list exists to date.  However, I […]

The US Customs and Border Protection office has released a fact sheet explaining the new ESTA rules that go into effect on Jan 12, 2009.  Generally speaking, individuals using the VWP after the effective date must register with ESTA prior to traveling.

The USCIS has increased the admission period from one year to three years for Canadian and Mexican nationals.  The rule also provides three year extensions for qualifying workers.  TNs can be issued by Border Officers or if the worker is in the US, by the USCIS.
TN visas are available for dozens […]

A press release from DHS on 9/9/2008 reveals that due to an increase in funding from Congress, USCIS and the FBI can process name checks in a “timely manner.”  USCIS has since adjusted their national average processing time from 16-18 months to 10-12 months.  While most cases are processed in about 6 months, the national average takes into account a […]