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USCIS to Accept H-1B Petitions Starting April 1 |
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Written by Jordana Hart
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Tuesday, 09 March 2010 |
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U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked. The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap. H-1B employment for fiscal year 2011 can begin no earlier than October 1, 2010. H-1B workers can have part-time employment, or can work concurrently for two or more employers with each employer filing its own I-129 petition and processing fees. USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date. |
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Last Updated ( Tuesday, 09 March 2010 )
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Immigration-related Bills Filed with House and Senate for January and February |
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Written by Jordana Hart
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Thursday, 04 March 2010 |
According to the American Immigration Lawyers Association (AILA), the following immigration-related bills were introduced into the House of Representatives and the Senate in January and February 2010:
Employment Benefit Act (H.R. 4259)
Introduced by Rep. Polis (D-CO) on 12/10/2009
Summary: To facilitate foreign investment by permanently reauthorizing the EB-5 regional center program, and for other purposes.
Fairness for American Students Act (H.R. 4548)
Introduced by Rep. Tiahrt (R-KS) on 1/27/2010
Summary: Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make illegal aliens ineligible for any postsecondary education benefit that results from their residence within a state or political subdivision unless every citizen and national of this country is entitled to such benefit regardless of their place of residence or the location of the school from which they graduated. Allows any U.S. citizen or national that is enrolled in a postsecondary school to commence a civil action against a school or state education official to enforce their compliance with this Act's requirement and obtain appropriate relief, including the in-state tuition rate. Prohibits federal agencies from providing financial assistance to postsecondary schools that provide benefits to illegal aliens in contravention of this Act.
Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System (Strong STANDARDS) Act (H.R. 4470)
Introduced by Rep. Watson (D-CA) on 1/19/2010
Summary: Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System Act or the Strong STANDARDS Act - Directs the Secretary of Homeland Security (DHS) to: (1) ensure that all individuals subject to detention under the Immigration and Nationality Act (detainees) are treated humanely and granted specified protections; and (2) comply with minimum requirements concerning detainees set forth in this Act. Requires the Secretary to appoint and convene an Immigration Detention Commission to conduct independent investigations of detention facility and DHS compliance with requirements under this Act. Establishes reporting requirements concerning any individual who dies while in DHS custody.
Criminal Penalties for Unauthorized Employment Act of 2010 (H.R. 4627)
Introduced by Rep. Kratovil (D-MD) on 2/22/2010
Summary: To amend the Immigration and Nationality Act to impose new penalties for the knowing unlawful employment of aliens, and for other purposes.
Each week hundreds of bills are introduced into the House and Senate, and the likelihood of any particular bill moving is usually very small. The bills posted on this page represent all immigration-related legislation introduced this week, not legislation AILA believes is important or likely to succeed
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Last Updated ( Thursday, 04 March 2010 )
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USCIS Releases New Form I-485 and Lockbox Filing Locations |
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Written by Jordana Hart
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Friday, 26 February 2010 |
U.S. Citizenship and Immigration Services (USCIS) has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to the revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Please go to www.uscis.gov and click on "Forms" link to view or download the new form, filing instructions, and filing locations.
As of February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After that date, USCIS will only accept the Form I-485 dated 12/03/09 and any previous versions of the form will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.
At this time, applicants should NOT concurrently file Form I-485 with an Immigrant Petition for Alien
Worker (Form I-140) at a USCIS Lockbox facility. Instead, they should refer to the Form I-140 filing Instructions for information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message
notifying you that USCIS has accepted your application. To receive notification, you must complete
an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of
your application. |
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Last Updated ( Friday, 26 February 2010 )
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Copyright 2006 - David J. Hart, PA The information contained herein is provided for informational purposes, it does not constitute legal advice nor is it to be construed as establishing an attorney-client relationship. Consult directly with an attorney before making any decision as to how to proceed with your case. For individualized and specific assistance, you may schedule a personal, telephonic or web consultation with one or our attorneys. Please call us at 305.577.9977 or send an e-mail to: dhart@immigrateusa.com
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