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USCIS Memorandum on Establishing the Employee-Employer Relationship in H-1B Petitions
January 14, 2010
USCIS Associate Director of Service Center Operations, Mr. Donald Neufeld issued a memorandum to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum addresses scenarios involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status
January 2, 2010
USCIS, on December 31, 2009 announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the USCIS’ final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
H-1B Cap for FY2010 Has Been Reached
December 22, 2009
USCIS informed that, as of December 21, 2009, it has received sufficient H-1B petitions to reach the statutory cap for FY2010. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009.
H-1C Nonimmigrant Visa Category Ends on Dec. 21, 2009
December 18, 2009
USCIS reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009. This expiration does not affect the ability of H-1C nurses currently in status to continue employment during their authorized period of stay, the authority of USCIS to adjudicate a petition properly filed on or before Dec. 21, 2009, or the eligibility of the beneficiary of an approved H-1C petition to be admitted to the United States as an H-1C nonimmigrant.
H-1B Moves Closer to Exhaustion, USCIS Received 1,000 New H-1B Petitions in Two Days
December 14, 2009
USCIS on December 10, 2009, has updated the count of H-1B visa petitions, received and counted towards the fiscal year 2010 cap. As of December 10, 2009, USCIS has received approximately 62,500 H-1B cap subject petitions.
USCIS Clarifies Requirements for Agents Filing as Petitioners for O and P Visa Classifications
December 2, 2009
USCIS has published a new guidance memorandum clarifying the standards for adjudicating O and P visa petitions filed by the petitioner acting as a U.S. agent for a beneficiary or beneficiaries who will be working for more than one employer within the same time period. This guidance applies only to O and P visa petitions where the petitioner is filing on behalf of multiple employers.
Rapid Increase in H-1B Visa Usage Continues, USCIS Received 1600 New Petitions in Just One Week
November 23, 2009
USCIS has observed a rapid increase in the H-1B filings as 1600 H-1B petitions were received in just one week. As of November 20, 2009, USCIS has received approximately 56,900 H-1B cap-subject petitions. The rapid increase in the H-1B filings indicates that H-1Bs for FY2010 will go off soon.
H-1Bs for FY2010 May Go Off Soon, Employers Hurry Up
November 18, 2009
USCIS has observed a rapid increase in the H-1B filings as 900 H-1B petitions were filed in just one week. As of November 13, 2009, USCIS has received approximately 55,600 H-1B cap-subject petitions. The rapid increase in the H-1B filings indicates that H-1Bs will go off soon. We advise employers to contact VisaPro immediately to meet their H-1B needs for the current year and start planning for the FY2011 filing season, which begins in just a few months, on April 1, 2010.
USCIS Will Temporarily Accept H-1B Petitions Without Certified Labor Condition Applications (LCAs)
November 12, 2009
USCIS, on November 5, 2009, announced that it will temporarily accept H-1B petitions filed without Labor Condition Applications that have been certified by the Department of Labor.
USCIS Revises Form I-693, Report of Medical Examination and Vaccination Record
November 6, 2009
USCIS has revised the Form I-693, Report of Medical Examination and Vaccination Record to include new updates regarding testing for Tuberculosis. USCIS took this action based on the Department of Health and Human Services, Centers for Disease Control and Prevention's Update to the Tuberculosis Component of the Technical Instructions for the Medical Examination of Aliens in the United States, which took effect on Nov. 1, 2009.

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