Law Office of Leila Freijy, PLLC
Immigration & Compliance Law 
Visa Numbers - H-1B and Family-Based Petitions
H-1B Visa Number Update

The USCIS has reported that as of December 10, 2010, approximately 52,400 H-1B cap-subject petitions were receipted against the total of 65,000.  Additionally, USCIS has receipted 19,100 H-1B petitions for aliens with advanced U.S. degrees against the separate quota of 20,000.

Visa Numbers Retrogress for Family Petitions 
The Department of State (DOS) has significantly retrogressed cut-off dates for family-sponsored preference categories (F-1 to F-3) effective with the January 2011 Visa Bulletin.


The level of demand for visa numbers in the family-sponsored preference categories was very low from early 2009 through September 2010. Accordingly, the cut-off dates for most family preference categories were advanced at a rapid pace, in an attempt to generate demand so the annual numerical limits could be fully utilized.


As a result of the accelerated level of demand over the last few months, the State Department has retrogressed most of the worldwide cut-off dates effective January 1, 2011. For example, the family sponsored preference 2A category (spouse and children of LPR) for most countries retrogressed from August 1, 2010, to January 1, 2008. The family sponsored 2B category for most countries retrogressed from June 1, 2005 to April 15, 2003, per the January 2011 Visa Bulletin (AILA Doc. No. 10120964).


According to the State Department, it is unlikely these categories will recover for some time since demand for family-sponsored preference categories does not appear to be subsiding.

IT Staffing company pleads guilty to H-1B mail fraud

The district court for the Southern District of Iowa accepted a plea agreement for one count of mail fraud under 18 USC 1341.  The defendant, an IT staffing firm pled guilty to one count of mail fraud in connection with filing an H-1B petition. (U.S. v. Vision Systems Group, 10/14/10)  


The H-1B petition filed contained false material statements concerning the name of the prospective employer, the location of the employment and the current number of employees.


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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.

Leila Freijy
Law Office of Leila Freijy, PLLC
Leila Freijy, Esq.
4840 N. Adams Rd
Suite 415
Rochester Hills, Michigan 48306
248.287.4115 (fax)
In This Issue
H-1B Quota Update
Visa Numbers Retrogress for Family Petitions
IT Staffing Company Pleads Guilty