Q and A on the New USCIS H/L Status Memo

Q: I held H1B status for two years from 2000-2002. I left the U.S. in 2002 and have been outside the U.S. since then. I have an employer who is willing to employ and sponsor me for H1B status. Am I subject to the H1B cap? A: This is a great question and one that is frequently asked by clients and others who call our office. The law states that a person who had previously held H1B status but who...
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USCIS To Reissue RFEs for Special Immigrant Religious Workers

  The United States Citizenship and Immigration Service (USCIS) recently found that some Requests for Evidence (RFE) were issued to petitioners for Special Immigrant Religious Workers (Form I-360) that did not take into account the supporting evidence that was included with the petition. These generic RFEs requested evidence with respect to every eligibility criteria, regardless of the...
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DOL Proposes Massive Changes in Labor Certification Processing

The Department of Labor is proposing to make several significant changes to the way labor certification applications are processed. If passed, these proposals would seriously impact the way labor certification applications are approached by both employers and foreign nationals. The proposals include: Requiring employers to pay all attorneys’ and other fees associated with the labor...
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Filing H1B Applications for Fiscal Year 2008

The fiscal year 2008 H1B cap begins October 1, 2007. The earliest an employer can file an H1B application for an October 1, 2007 start date is April 1, 2007. That date is fast approaching. Last year, the USCIS received a heavy volume of H1B applications between April 1st, 2006 and the end of May 2006. The regular cap of 65,000 visas were exhausted by the end of May 2006. The second cap of 20,000...
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USCIS Reminds Prospective Adoptive Parents of New Chinese Government Rules

The United States Citizenship and Immigration Service (USCIS) wants to ensure that prospective adoptive parents are aware of new rules for intercountry adoptions from China that go into effect on May 1, 2007. You can find detailed information on the new requirements by clicking on the link below.
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