Federal Appeals Court on Ability to Pay

In a decision released April 23, 2009, the US Court of Appeals for the Seventh Circuit questioned the USCIS standards on the issue of the ability to pay.  The Court stated, ” We were thrown by the government’s brief”. The Court stated that the position of the USCIS “makes no sense” and was even renounced by the… Continue reading Federal Appeals Court on Ability to Pay

USCIS Announces proposed rule to increase validity of TN visas

The USCIS followed up on plans announced last fall to increase the vailidity period of TN visas from 1 year to 3 years. this would apply to both new admissions as well as extensions. The proposed rule is expected to be published in the Federal Register shortly. Many IT cos. use the TN category for… Continue reading USCIS Announces proposed rule to increase validity of TN visas

FY 2009 H-1b cap reached

Today, the USCIS officially announced that it had enough petitions as of April 7th, to reach both the advanced degree and regular cap. The announcement can be found at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c5b6628090e29110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD  The USCIS is expected to begin the random lottery selection process shortly however, no date has been set. It is expected that it may be several… Continue reading FY 2009 H-1b cap reached

USCIS Issues Interim Rule for FY 2008 H-1b Cap Filings

Today, the USCIS issued an Interim Rule which changes certain policies for H-1b cap filings for FY 2008. The full memo can be found at USCIS link.    The new rule makes 2 major changes: 1. Duplicate filings by the same employer for the same beneficiary will be denied or revoked and filing fees not returned.… Continue reading USCIS Issues Interim Rule for FY 2008 H-1b Cap Filings