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H-1 Cap Blog http://www.h1cap.com Hammond Law Group, LLC Fri, 09 Apr 2010 14:24:10 +0000 http://backend.userland.com/rss092 en FY 2011 H-1B Cap Still Open The USCIS has released the latest FY2011 cap numbers. The USCIS has received approximately 13,500 H-1B petitions counting towards the 65,000 cap. It has received approximately 5,600 petitions for individuals with US master's degree or higher. This leaves more than 50,000 slots open. We will continue to update the blog with ... http://www.h1cap.com/?p=126 H-1B Cap Still Open- VSC receives less than 10,000 cases The Vermont Service Center has reported to AILA that as of the close of business on Monday, April 5th, only 9,525 cap-subject H-1B petitions had been received by their office. Of those received, 6,791 were "regular" cap cases, and 2,734 cases were under the master's cap exemption. They also clarified that ... http://www.h1cap.com/?p=125 MFH thoughts on USCIS Forum Re: Neufeld memo On Fri, the USCIS held an open forum to discuss the impact of the January Neufeld memo which prohibited “job shops” 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 ... http://www.h1cap.com/?p=124 USCIS Meeting for Staffing Companies Re: the Neufeld Memo Personal Message from Michael Hammond We have just been advised that the USCIS is holding a meeting this Thursday, February 18th, in Washington DC to allow questions and receive input regarding the recent Neufeld Memo. If the staffing model and the use of H-1b workers represents a large portion of your ... http://www.h1cap.com/?p=123 Unused FY 2010 H-1B1 Numbers to be Counted in FY 2011 Cap In a recent USCIS Stakeholders Meeting, AILA asked for clarification on how unused H-1B1s for Singaporean and Chileans are counted back. Under the Chile/Singapore Free Trade Agreement, 6,800 H-1B cases are reserved per cap for specialty occupation cases from Singapore and Chile. The USCIS responded to AILA by stating that unused H-1B1 ... http://www.h1cap.com/?p=122 AILA’s Business Litigation Comm. Re: Neufeld memo  The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act.  There is also the belief that the ... http://www.h1cap.com/?p=121 H-1Bs Encountering Problems at Airports We have recently heard of accounts from H-1B workers entering from the Newark and Seattle airports encountering additional questioning, and in some cases expedited removal, by the Customs and Border Protection (CBP) officers. It seems most of the cases are occuring out of the Newark aiport and are primarily aimed ... http://www.h1cap.com/?p=120 GUIDANCE ON H-1B’S FOR THIRD PARTY PLACEMENT At the annual AILA immigration conference last June, the USCIS promised that a memo would be forthcoming on the issue of  what constitutes an employer-employee relationship for H-1b purposes. On January 13th, the USCIS issued a memo providing guidance on this issue. This memo is especially important to petitioners who place H-1b workers at ... http://www.h1cap.com/?p=119 USCIS policy against IT staffing companies encourages outsourcing 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 ! ... http://www.h1cap.com/?p=118 H-1b count now at 61,500 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 ... http://www.h1cap.com/?p=117