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Welcome to the Immigration News section of www.bashyamspiro.com. This is where you will find the latest updates on Immigration news, laws and procedures.
This site is set-up as a blog so that readers can post comments or ask questions about an immigration article. To post a comment, please hit the ‘comment’ link. Blogs are useful for you to pass on information that would be helpful to others. If you have a question on an article, please post it and one of our attorneys will respond.
To stay abreast of the latest immigration news, subscribe to our free e-newsletter Immigration News Weekly. You can sign up at THIS LINK.
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| Friday, April 11, 2008 |
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USCIS Receives Approximately 163,000 H-1B Visa Applications
By admin @ 10:50 AM :: 240 Views ::
0 Comments :: News, H1B Visas
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U.S. Citizenship and Immigration Services (USCIS) announced today a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects that next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate.
We will provide additional updates at www.bashyamspiro.com when they become available.
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| Tuesday, April 08, 2008 |
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USCIS Announces FY 2009 H-1B Cap Has Been Reached
By admin @ 12:56 PM :: 215 Views ::
0 Comments :: News, H1B Visas
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U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.
USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit. USCIS will reject and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
The agency will conduct the selection process for “advanced degree” exemption petitions first. All “advanced degree” petitions not selected will be part of the random selection process for the 65,000 limit.
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| Tuesday, April 08, 2008 |
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DHS Extends OPT for Certain F-1 Students; Addresses F-1/H-1B Cap Gap Issue
By admin @ 7:48 AM :: 228 Views ::
0 Comments :: News, H1B Visas, Other
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The U.S. Department of Homeland Security (DHS) released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. Currently, foreign students in F-1 nonimmigrant status who have been enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary are eligible for 12 months of optional practical training (OPT) to work for a U.S. employer in a job directly related to the student’s major area of study. This interim final rule extends the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services' (USCIS) E-Verify employment verification program.
To obtain an extension of OPT, eligible F-1 students must request a recommendation from their Designated School Official (DSO) and file a Form I-765 Application for Employment Authorization prior to the expiration of their current OPT employment authorization. Once the I-765 application is filed, the student’s OPT is automatically extended for up to 180 days until a decision has been made on the case. This interim rule requires F-1 students with an approved OPT extension to report changes in the student’s name or address and changes in the employer’s name or address to the DSO. The rule also requires the employers of F-1 students with an extension of post-completion OPT authorization to report to the student’s DSO within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to the end of the authorized period of OPT.
The interim final rule also ameliorates the “cap-gap” problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with the USCIS. If USCIS approves the H-1B petition, the students will have an extension that enables them to remain in the United States until the requested start date indicated in the H-1B petition takes effect. The automatic extension does not apply to cases where the H-1B petition is not selected by USCIS for processing or for H-1B petitions filed with a request for consular notification. However, it may be possible to amend the H-1B petition from consular processing to change of status so that the F-1 student can take advantage of the automatic OPT extension. If the H-1B application is ultimately revoked or denied, the automatic extension of OPT is immediately terminated.
We will post more information on this new interim rule as it becomes available on www.bashyamspiro.com.
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| Monday, April 07, 2008 |
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USCIS To Accept H-1B Applications Sent to Either Vermont or California Service Centers
By admin @ 7:50 AM :: 231 Views ::
0 Comments :: News, H1B Visas
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USCIS announced that it will not reject an H-1B petition that is subject to the fiscal year 2009 cap solely on the grounds that it was received at the wrong service center (e.g. the petition may have been inadvertently mailed to the California Service Center instead of the Vermont Service Center or vice versa).
It is important to note this accommodation does not apply if the petitions were sent to the Texas or Nebraska Service Centers.
USCIS is taking this limited, short-term measure to alleviate concerns from the public where an H-1B petition has been timely received by USCIS but at the incorrect Service Center. This measure applies only to H-1B petitions subject to the fiscal year 2009 cap that are received by USCIS before the close of business on the “final receipt date”. USCIS will announce the final receipt date once the agency determines it has received the number of petitions needed to fill the congressionally mandated limitations of 65,000 new H-1B visas and 20,000 U.S. advanced degree exemptions per fiscal year.
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| Thursday, April 03, 2008 |
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USCIS Updates Naturalization Processing Times
By admin @ 8:22 AM :: 222 Views ::
0 Comments :: News, Naturalization
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U.S. Citizenship and Immigration Services (USCIS) announced that it will finish more than one million naturalization cases during fiscal year 2008. The agency also recently updated the expected time it will take to complete naturalization cases, projecting processing times averaging 13-15 months. That’s a three month improvement from the 16-18 month projection that USCIS made six months ago. The USCIS has stated a goal of improving their processing of these cases by adding nearly 3000 new employees, detailing employees to work in the most heavily affected offices, quadrupling the funding for overtime and using Asylum Office facilities and staff to conduct naturalization interviews. Last year alone, USCIS received a record 1.4 million naturalization applications.
As more information becomes available on naturalization processing and processing times, we will post it here at www.bashyamspiro.com.
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| Saturday, March 29, 2008 |
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USCIS Modifies Intercountry Adoption Procedures
By admin @ 9:51 AM :: 198 Views ::
0 Comments :: News, Other
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Children, birthparents and prospective adoptive parent(s) will have greater protections under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption convention), effective April 1, 2008. New safeguards administered by U.S. Citizenhsip and Immigration Services (USCIS) under the Hague include the creation of new forms and improved, centralized examination processes for intercountry adoption, applications and petitions under the Hague Adoption Convention.www.travel.state.gov). The agreement provides a framework of rules and procedures for the countries to work jointly to ensure certain intercountry adoption protections. These include providing adoptees with permanent and loving homes and looking after children’s best interests throughout the adoption process, thus preventing the abduction, sale or illegal traffic of children.www.uscis.gov.
The new forms being introduced are an Application for Determination of Suitability to Adopt a Child from a Convention Country (I-800A), and the Petition to Classify a Convention Adoptee as an Immediate Relative (I-800). The purpose of the I-800A is to review the suitability and eligibility of prospective adoptive parent(s), while the I-800 determines a child’s Convention classification eligibility.
Additionally, USCIS established a special unit to process all Hague intercountry adoption applications and petitions at its USCIS National Benefits Center. The special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800.
Prospective adoptive parents are encouraged to visit and download the forms and filing instructions and Hague Adoption Convention Fact Sheet, available on the Internet at
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| Saturday, March 22, 2008 |
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DOS Releases April 2008 Visa Bulletin
By admin @ 8:13 AM :: 252 Views ::
0 Comments :: News, Visa Bulletin
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The Department of State recently released its April 2008 Visa Bulletin. The good news in the bulletin is that Employment-Based Category Two (EB2) is no longer ‘unavailable’ for Indian nationals. The cut-off date in that category for Indian nationals is now December 1, 2003. To view the entire April 2008 Visa Bulletin, please go to the Processing Times link on the home page of this web site.
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| Saturday, March 22, 2008 |
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USCIS Announces Changes to FY 2009 H1B Program
By admin @ 8:09 AM :: 253 Views ::
0 Comments :: News, H1B Visas
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U.S. Citizenship and Immigration Services (USCIS) issued an interim final rule that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year. The change is intended to promote a fair and systematic process for H-1B petitioners. This rule ensures that companies filing H-1B petitions that are subject to numerical limits will have an equal chance to receive consideration for an H-1B worker. This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need.
Background
U.S. businesses utilize the H-1B program to employ foreign workers in fields that require theoretical and practical expertise in specialized occupations requiring a bachelor’s degree or higher (or its equivalent), such as scientists, engineers, or computer programmers. By law, USCIS cannot grant more than 65,000 new H-1B visas per fiscal year, subject to certain limited exceptions. The first 20,000 H-1B petitions filed on behalf of aliens with U.S. earned masters’ or higher degrees are exempt from the H-1B numerical limitation of 65,000. USCIS administers a separate “20,000 cap” for such exempt petitions.
USCIS stated that it will use a random selection process for all the master’s degree or higher cap-exempt cases received on the first five business days available for filing H-1B petitions for a given fiscal year, if necessary. In the event that the U.S. master’s exemption limit is reached on the first five business days, USCIS will first conduct the random selection process for such petitions before it begins random selection for petitions to be counted toward the 65,000 cap. Petitions eligible for the U.S. master’s degree or higher exemption that are not selected to receive an H-1B visa number from the 20,000 cap will be considered with the other H-1B petitions in the random selection for the 65,000 cap filed on the first five business days.
Cap-Exempt Petition
USCIS also stated that petitions for new H-1B employment are exempt from the cap if the aliens will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H-1B categories regardless of H-1B visa number availability.
Cap Procedures
USCIS will use the following process for handling H-1B petitions subject to the FY 2009 cap:
• April 1, 2008 is the first day petitions may be received for an October 1, 2008 start date. When it is determined that the numerical limitations have been reached, USCIS employs a random selection process to choose among the petitions received on the “final receipt date”. If the “final receipt date” falls within any one of the first five business days, the random selection will be run using all the cap-subject petitions received on those five days.
• USCIS will reject and return the filing fees(s) for all cap-subject H-1B petitions that are not selected in the process described above. The new rule clarifies that this provision only applies to petitions that indicate they are cap-subject. If a petitioner claims to be exempt from the cap and is later found to be subject to the cap, USCIS will not refund or return fees and that petition will be denied if no cap numbers are available.
• Petitions for the FY2009 cap received before April 1, 2008 will be rejected. A petition is considered received when USCIS takes possession of and stamps the petition as received, not by the date the petition is postmarked.
Premium Processing
Cap-subject petitions requesting premium processing that are received on the “final receipt date,” or during the initial five business day period mentioned above, cannot be processed until after the random selection has been completed. The premium processing 15-day adjudication period (processing deadline) will not begin until such time as USCIS has completed the random selection process.
Current H-1B Workers
Petitions filed on behalf of current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or
• Allow current H-1B workers to work concurrently in a second H-1B position.
If additional information on the H1B program is released by USCIS, we will post it at www.bashyamspiro.com.
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| Friday, March 21, 2008 |
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USCIS Announces 18 Month TPS Extension for Nationals of Somalia
By admin @ 8:12 AM :: 208 Views ::
0 Comments :: News, Other
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The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.
DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an additional six months from March 17, 2008 through September 17, 2008. The extension of TPS for Somalia is effective March 17, 2008 and will remain in effect through September 17, 2009. Nationals of Somalia who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period beginning March 12, 2008 and remaining in effect until May 12, 2008. Somali TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day re-registration period. The re-registration period begins March 12, 2008. The USCIS will only accept TPS re-registration applications that are filed after March 12, 2008 and before May 12, 2008.
Additional information on filing for TPS re-registration will be posted on www.bashyamspiro.com when it becomes available.
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| Thursday, March 20, 2008 |
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USCIS Announces Biometric Changes for Re-Entry Permits and Refugee Travel Documents
By admin @ 8:14 AM :: 293 Views ::
0 Comments :: News, Other
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USCIS issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions, which became effective March 5, 2008, require that applicants for re-entry permits and refugee travel documents provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks. USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.
The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents between the ages of 14 through 79 to provide biometrics before departing from the United States. Applicants also are strongly encouraged to apply, whenever possible, well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. Shortly after filing an I-131 form for a Refugee Travel Document or a RE-entry Permit, USCIS will mail the applicant his or her receipt and an ASC scheduling notice. The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States.
The instructions also discuss the requirement for applicants for re-entry permits and refugee travel documents who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee. As in the past, the application fee for the I-131 form cannot be waived.
In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved. A request for expedited processing should contain the applicant’s reasons for such processing.
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