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.

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.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

Approximately 5,600 regular H-1B cap cases were filed between October 21 and November 2.  At this rate, we expect the H-1B cap to be exhausted by the end of November or early December.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

The regular H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

The regular H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.

This is a very important policy modification which is in direct contrast to the Neufeld memo, which stated that company owners cannot also qualify for H-1B status.

We encourage readers to click the link above to access the USCIS FAQs on this subject.

In pertinent part:

Q: The memorandum provides an example of when a beneficiary, who is the sole owner of the petitioner, would not establish a valid employer-employee relationship. Are there any examples of when a beneficiary, who is the sole owner of the petitioner, may be able to establish a valid employer-employee relationship?

A. Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that while a corporation may be a separate legal entity from its stockholders or sole owner, it may be difficult for that corporation to establish the requisite employer-employee relationship for purposes of an H-1B petition.  However, if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. For example, if the petitioner provides evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship with the beneficiary.

Stay tuned to www.bashyamspiro.com for additional information.

USCIS has published a Frequently Asked Questions (FAQs) document on its website clarifying that entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States. USCIS will complement these FAQs with internal training on the unique characteristics of entrepreneurial enterprises and startup companies and incorporate input from the upcoming stakeholder engagements detailed below.

The EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification. These requirements can be waived under existing law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States.

In response to stakeholder feedback, USCIS has also updated existing FAQs to clarify that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa – which is used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, engineering, and computer programming.

The EB-5 immigrant investor program is also being further enhanced by transforming the intake and review process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process which include: extending the availability of premium processing for certain EB-5 applications and petitions, implementing direct lines of communication between the applicants and USCIS, and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application. After reviewing stakeholder feedback on the proposal, USCIS is developing a phased plan to roll out these enhancements and is poised to begin implementing the first of these enhancements within 30 days.

USCIS has also announced the expansion of its Premium Processing Service to immigrant petitions for multinational executives and managers (often referred to as “E13″). The Premium Processing Service allows employers to expedite processing of their petitions, absent evidentiary deficiencies, fraud or national security concerns.

All of these changes are steps in the right direction!  We will provide additional information at www.bashyamspiro.com as it becomes available.

The regular H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

We will monitor these numbers in the coming months and provide routine updates for our readers.  Stay tuned to www.bashyamspiro.com for updates.