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USCIS to Reject H-1B Petitions Filed Without Certified LCAs |
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Written by Jordana Hart
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Thursday, 11 March 2010 |
U.S. Citizenship and Immigration Services (USCIS) stated today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). As of March 10, 2010, USCIS will reject any H-1B petition that is not accompanied by a certified LCA.
Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs as long as the LCA has been pending for at least seven days prior to filing the petition. This temporary measure went into effect November 5, 2009 and expired March 9, 2010.
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Last Updated ( Thursday, 11 March 2010 )
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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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