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Nationals of 39 Countries Can Participate in H-2A and H-2B Visa Programs
January 20, 2010
The U.S. Department of Homeland Security (DHS) has published a notice in the Federal Register announcing that the DHS Secretary, in consultation with Department of State (DOS) Secretary has identified 39 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. Renewed every year, this notice will allow U.S. Citizenship and Immigration Services (USCIS) to approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries listed therein.
Q&A: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
January 16, 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 has released few questions and answers, in addition to clarify the requirements for a valid employer-employee relationship.
USCIS Announces Publication of New Form G-28
October 2, 2009
USCIS on October 2, 2009 announced that it has issued a Revised Entry of Appearance as an Attorney, Form G-28. USCIS will accept old versions of the Form G-28 until October 30, 2009, after which, old versions will be considered invalid.
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.

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