Scott’s New Era Immigration
Navigating you through immigration law successfully (703) 955-7998 — info@scottcclaw.com
0
The H-1B Visa is the number one visa option for professionals with at least a bachelors degree or bachelors degree equivalent. One’s occupation must meet the muster of being classed as a “specialty occupation”.
H1B visas are “capped” visas. A limited number of visas are available each year and once the cap is reached, no further visas are available until the fiscal year reopens each April. Historically, when the fiscal year opens the visa cap has been met in one to two days. It has been a literal race for law firms across the country to capture a visa number for their clients. A lottery has even been set in place by USCIS after the cap has been reached for “lucky” individuals to be counted.
The good news is that there are still H-1B visas available for the current fiscal year. However, the latest update on visa numbers is listed below:
FY2011 H-1B Cap Count (Updated 10/05/10)
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/1/10, approximately 40,600 H-1B cap-subject petitions were receipted. USCIS has receipted 14,900 H-1B petitions for aliens with advanced degrees.
If you have questions, you may contact our law firm at the number listed below and visit our website.
ScottMond Law Firm
(703)261.6881
On August 20th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).
Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed without prejudice. This would occur once ICE verifies that the individual is indeed eligible for the relief.
Detained individuals or aliens eligible for I-130 relief would seek to complete the adjudication of all applications and petitions referred by ICE within 30 days for detained aliens. Once their are no adverse factors there should be prompt move to dismiss proceedings before the Executive Office of Immigration Review ( “EOIR”).
Undetained individuals or aliens would have their cases adjudicated within 45 days. Where an underlying application or petition exists and ICE determines eligibility for relief from removal, the case should also be promptly dismissed with EOIR.
The memorandum sums up the standard of review as follows:
Only removal cases that meet the following criteria will be considered for dismissal:
- The alien must be the subject of an application or petition filed with USCIS to include a current priority date, if required, for adjust of status;
- The alien appears eligible for relief as a matter of law and in the exercise of discretion;
- The alien must preset a completed Application to register Permanent Residence or Adjust Stats (Form I-485), if required; and
- The alien beneficiary must be statutorily eligible for adjustment of status ( a waiver must be available for any ground of inadmissibility).
For more information you may contact our office at info@scottcclaw.com or call (703)955.7998.
ScottMond Law Firm
www.scottcclaw.com
Back to top