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FY 2010 H-1B Cap Still Not Reached
As of June 26, 2009, U.S. Citizenship and Immigration Services (USCIS) has received approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, considering that some of these petitions may be denied, revoked, or withdrawn.
The numerical limit on H-1B petitions for Fiscal Year 2010 is 65,000. The first 20,000 H-1B petitions filed on behalf of foreign nationals who have a U.S. masters' degree or higher are exempt from the fiscal year cap. USCIS began accepting H-1B petitions subject to the Fiscal Year 2010 cap on April 1, 2009. Cases are considered accepted on the date that USCIS receives the petition; not the date that the petition is postmarked.
USCIS will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the "final receipt date." The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, 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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USCIS Seeks Comments on the E-Verify Program Designated Agent Process by August 24
 U.S. Citizenship and Immigration Services (USCIS) published a notice in the June 23, 2009 Federal Register seeking comments on the E-Verify program designated agent process. An E-Verify designated agent is a liaison between E-Verify and employers who choose to outsource submission of employment-eligibility verification queries for newly hired employees. E-Verify designated agents conduct the verification process for other employers or clients. An E-Verify designated agent must register online and sign a memorandum of understanding (MOU) with the Social Security Administration and the Department of Homeland Security. Once the MOU is approved, the designated agent can begin registering employers and clients who have designated it to perform their verification services.
In the notice requesting comments, USCIS explains that the program design for designated agents has changed very little over the past several years, and, as a result, it plans to review the designated-agent process to assess how such agents provide this service to their clients. USCIS seeks comments and suggestions for improving the process from designated agents, their clients, or others with designated-agent experience.
Written comments or suggestions for improving the designated agent process should be submitted by email to DAsupport@dhs.gov and should include "DA Re-Engineering Comment" in the subject line. USCIS asks that the submitter indicate whether he or she access E-Verify directly or has developed and uses a web services interface to access E-Verify. Comments should be submitted by August 24, 2009. |
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USCIS Resumes Premium Processing of I-140 Petitions
On June 29, 2009, USCIS resumed Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, as a result of its I-140 backlog reduction efforts and increased efficiency in adjudicating I-140s. USCIS will now accept Premium Processing requests for I-140 petitions involving EB-1 Aliens With Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.
Premium Processing Service is still unavailable for I-140 petitions involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.
For a $1,000 premium processing fee, USCIS guarantees petitioners that it will issue either an approval notice or, where appropriate, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. Petitioners who use the Service may also use a dedicated telephone number and e-mail address to inquire on the status of their petition or ask any questions regarding their petition.
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