Approx. 124K H-1B Petitions Received

"For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the...

Excerpts From the May 1, 2013, Bender's Immigration Bulletin

EOIR Releases Information Regarding Mandatory Attorney Registration On April 11, the Executive Office for Immigration Review released instructions and a series of frequently asked questions regarding its new mandatory electronic registry for attorneys and accredited representatives. The instructions...

Workable or Unworkable?: The H-1B and L-1 Visa Provisions in BSEOIMA, S. 744

"Years ago, the H-1B was a lightning rod for critics while the L-1 sailed on smoothly in calm seas. No longer. For the first time, the L and the H are fused in the minds of its critics. At a time when our permanent immigration model is more open to STEM talent as never before, our H and L policy...

The Future of H-1B? - Endelman & Mehta

In their recent blog entry, " MEET OUR NEW FRIEND: WHO IS AN "H-1B SKILLED WORKER DEPENDENT EMPLOYER" IN SENATE IMMIGRATION BILL, S. 744? ", Gary Endelman and Cyrus Mehta wade into the thickets of what could change for employers who use the H-1B visa program. It's complex...

Guilty Verdict in Human Trafficking, H-1B Visa Fraud Case

"Kizzy Kalu, age 49, of Highlands Ranch, [Colorado,] was found guilty today of 89 counts of mail fraud, visa fraud, human trafficking and money laundering by a federal jury, the U.S. Attorney’s Office for the District of Colorado announced. ... According to the indictment and evidence presented...

For Small Firms, Visas Are a Big Headache

"Most startups and small firms lack human-resources departments to handle the complex paperwork, and the funds to cover legal expenses associated with hiring someone under the program. Only about 30% of applications for H-1B visas make it past the preliminary stage of the process, the bulk of which...

AAO H-1B Victory: Forensic Alcohol Criminalist

Camiel Becker writes: "I am writing to share a recent win I had at the AAO on an H-1B denial . The case involves an in-house Forensic Alcohol Criminalist for a California-based law firm. The California Service Center denied the H-1B petition, inter alia, on a finding that a three-year bachelor’s...

USCIS: Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

"If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the...

News Excerpts From The Nov. 1, 2013, Bender’s Immigration Bulletin

Government Shutdown: Impact on I-129 H Visa Extensions and AOS | Via e-Mail on October 18, 2013, USCIS alerted stakeholders that if an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was...

U.S. to Hit Infosys With Record Immigration Fine

"The federal government is set to slap Infosys Ltd. with the largest immigration fine ever, claiming the Indian outsourcing giant illegally placed workers on visitor, rather than work, visas at big corporate clients across the U.S. The government is expected to announce Wednesday it will fine...

Infosys’ Record Fine Targets Outsourcing Abuses

"A record fine against Infosys Ltd. (INFY) targets outsourcing companies and their alleged abuse of existing immigration laws to feed the insatiable desire for highly skilled engineers in the U.S. Infosys has been sending employees to the U.S. with B-1 visitor visas, letting it sidestep caps on...

Williams Mullen: Immigration Fraud Whistleblower Likely to Receive $5M Bounty from Infosys’s $34M False Claims Act Settlement: Is Your Business Immigration Program Prepared for a Similar Whistleblower Attack?

By Mary E. Pivec and John Staige Davis V | On October 30, 2013, Infosys Limited (“Infosys”), an Indian IT company, signed a settlement agreement with the United States in the Eastern District of Texas to resolve allegations that Infosys knowingly presented to employees of the United States...

June 2013 USCIS H-1B Anti-Fraud Memo

David E. Gluckman writes: " I filed a FOIA request with USCIS asking for a specific updated memorandum from June 2013 on H-1B Anti-Fraud measures. USCIS produced the memo , with some redactions. This may be of use to the community, as it outlines some specific "anti-fraud" measures USCIS...

USCIS Teleconference, Jan. 16, 2014: H-1B & Schedule A-Based Visas: Nursing Industry

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, January 16, 2014, from 1:00 p.m. to 2:30 p.m. (Eastern) to provide feedback on issues regarding H-1B nonimmigrant and Schedule A-based immigrant visa petitions (second and third...

Recruiter Not a 'Specialty Occupation' for H-1B: Health Carousel v. USCIS

"Because the AAO denied Health Carousel's petition on four alternative grounds, Health Carousel can only succeed in its challenge by showing that USCIS abused its discretion with respect to each enumerated ground. Id. at 1037. USCIS must show that it had at least one valid ground for denial...

ARB on H-1B Benching Violations, Illegal Fee Deductions: Matter of Greater Missouri Medical Pro-Care Providers, Inc.

"We AFFIRM the ALJ’s finding that the scope of a Wage and Hour investigation initiated in response to an aggrieved party complaint is not limited to the allegations contained in that complaint. We also AFFIRM the ALJ’s evidentiary rulings and her ruling on the availability of pre- and...

Notice of Availability of Funds and Solicitation for Grant Applications for H–1B Ready to Work Partnership Grants

"The Employment and Training Administration (ETA), U.S. Department of Labor (the Department), announces the availability of approximately $150 million in funds for the H–1B Ready to Work Partnership (Ready to Work) grant program. The Department expects to fund approximately 20–30 grants...

H-1B visas produce net IT job boost, trade group says

"The high-tech industry contends that Congress' failure to raise the cap on H-1B visas is costing the U.S. an opportunity to create a new job every 43 seconds. To make its point, Compete America, which represents many major high-tech firms on immigration issues, has built a calculator that ticks...

USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

Release Date: March 25, 2014 - "Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered...

Texas Teachers Face Deportation

"A few years ago, a school district in Texas found itself with a booming immigrant population and few teachers who spoke Spanish. So they started an ambitious recruitment program that brought in 260 teachers – from Colombia, Mexico and Venezuela – to meet their growing demand. Now...

H-1B Program’s Impact on Wages, Jobs, and the Economy

"Every year, U.S. employers seeking highly skilled foreign professionals have rolled the dice on April 1 and submitted their applications for the limited pool of H-1B visas available each fiscal year. With only 65,000 visas available for new hires - and 20,000 additional visas for foreign professionals...

USCIS Reaches FY 2015 H-1B Cap

"U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption...

'Serious Flaw' in H-1B Visa Process: AILA President

"Doug Stump, President of the American Immigration Lawyers Association (AILA), commented on today's announcement from U.S. Citizenship and Immigration Services (USCIS) that on the first day it can count petitions, USCIS has received more than enough to reach the 85,000 maximum H-1B visas that...

Coming: Work Authorization for H-4 Spouses

"The Department of Homeland Security (DHS) will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skill immigrants who will contribute substantially to the U.S. economy, create jobs, and enhance American innovative...

WHY WE SHOULD ALL BE MAD ABOUT THE H-1B VISA CAP - Cyrus D. Mehta

"The USCIS announced today, April 9, 2014, that it had received 172,500 H-1B visa petitions for the 65,000 H-1B regular cap and the 20,000 additional cap for graduates with advanced degrees from US universities. This is much more than the 124,000 H-1B visa petitions the USCIS received in 2014. The...