Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011. 

As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;
• change the terms of employment for current H-1B workers;
• allow current H-1B workers to change employers; and
• allow current H-1B workers to work concurrently in a second H-1B position.

Srinivasa Chennupati, a native of Indian, 33, pled guilty in December to visa fraud. Chennupati admitted that starting on April 1, 2009, he submitted 11 foreign worker petitions to the U.S. Citizenship and Immigration Services (USCIS) that contained “counterfeit job offer letters” from the Gap Corporation, Wells Fargo Bank and Genentech. The jobs listed in the petitions were for computer systems analysts and software engineers that would be paid between $60,000 and $65,000.

Chennupati opened his business as a headhunter to match employers in the U.S. with potential employees in India who would receive H-1B visas. In 2008, the company legally filed 10 H-1B petitions. In 2009, the business filed for 19 additional H-1B visas, 11 of which were fraudulent, according to the court.

Such vague concept delays some aliens immigrant visa applications. After clarifying this concept, the applicants may speed up to submit the immigrant visa applications. It is estimated that the U.S. economy will continue to decline (the unemployment rate has reached or exceeded 10%). U.S. Department of Labor has high pressure on it, and the Permanent Employment Certification applications will be very difficult. However, Investment Visa, Aliens with Extraordinary Ability, Outstanding Professors and Researchers, National Interest Waiver, and Multi-National Executive and Manager immigrant visa applications will not be affected substantially.  Hope those who want to apply for immigrant visas take this opportunity to speed up the submission of immigrant visa applications.

In the recent immigration raid operation, immigration enforcement officers imposed a fine of $100 and above to some permanent residents who did not carry green cards. A few permanent residents did not carry the green cards, but carried the copies of the original green cards, were charged with criminal accusation of counterfeiting government documents.

To be afraid of loss or damage the green cards (I-551), employment authorization cards (EAD) or Social Security cards (SSN) and other documents issued by the Government, many immigrants carry the colored copies, but were fined during the raid.

USCIS pointed out that any immigration identification cannot be used a colored copy in lieu of any original documents.  Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have the right to check the immigration identification documents at the border and give penalties for those who falsified immigration documents.

1. If the employer has one of the following situations, it needs to pay filing fee of $325.00, plus $500.00 Fraud Prevention and Detection fee for an initial H-1B petition:

1. 1. The employer is an institution of higher education, or a nonprofit organization or entity related to or affiliated with an institution of higher education;
   2. The employer is a nonprofit research organization or a governmental research organization;
   3. The second or subsequent H-1B extension petition that have filed for the same alien;
   4. An amended petition that does not contain any request for extensions of stay;
   5. The purpose of filing the petition is to correct a USCIS error;
   6. The employer is a primary or secondary education institution; or
   7. The employer is a nonprofit entity that engages in an established curriculum-related clinical training of students registered at such an institution.

1. If the employer does not fit any criteria listed above, it needs to submit filing fee of $325.00, plus $500.00 Fraud Prevention and Detection fee for an initial H-1B petition, plus $750.00 if the employer has a total of 25 or less full-time equivalent employees in the U.S. (including any affiliate or subsidiary of the employer) or $1,500.00 if the employer has a total of more than 25 full-time equivalent employees in the U.S.

1. Starting from August 14, 2010 to September 30, 2014, if the petitioner employs 50 or more individuals in the U.S., and more than 50% of those employees in H-1B or L nonimmigrant status, it must submit additional $2,000.00.

Add New

1. The above rule applies to petitioners filing H-1B petition to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;
• change the terms of employment for current H-1B workers;
• allow current H-1B workers to change employers; and allow current H-1B workers to work concurrently in a second H-1B position.

Also, there are 6 application/petition fees will be reduced:

• Petition for Alien Fiancé (Form I-129F);
• Application to Extend/Change Nonimmigrant Status (Form I-539);
• Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
• Application for Family Unity Benefits (Form I-817);
• Application for Replacement Naturalization/Citizenship Document (Form N-565);and
• Application for Travel Document (Form I-131), when filed for Refugee Travel Document.

CNN recently reported about a sham marriage of a famous Mexican star Fernanda Romero.

The prosecutor in the case, Assistant U.S. Attorney Jim Left, said Romero could get between 15 and 21 months in prison if convicted, though such cases usually produce shorter sentences.
…

The case is unusual because marriage fraud charges are usually litigated by immigration authorities rather than prosecuted as criminal cases.

A federal complaint filed Thursday accused Romero of paying Ross, 28, to “marry” her on June 12, 2005, but alleges they never lived together as a couple.

On the other hand, some legal couples failed in their immigration cases only because of lack of facts and supporting materials that can prove their marriages are real. Consulting an experienced attorney can help you realize your immigration dream.

Fiscal Year 2010 H-1B Cap Count

As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  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   USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

There are, however, exemptions.

H-1B Employer Exemptions

H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.

Please check out the following government official web site for updates and further details:

http://www.uscis.gov/h-1b_count