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Immigration News Briefs

By Humera Subhani Email By Humera Subhani
May 2015
Immigration News Briefs

H1B Cap Reached Early and Lottery Completed
The U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that the H1B cap was reached for fiscal year 2016 (FY16). The USCIS confirms receipt of filings in excess of both the 65,000 regular cap as well as the 20,000 advanced-degree petitions (Master’s Cap), within the first five business days of filing.

On April 13, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced completion of the H1B cap lottery selection. The USCIS reported receipt of almost 233,000 H1B petitions. USCIS conducted the lottery selection for the master's cap first. Cases filed in that category that were not selected were included in the regular cap lottery selection. Cases that were not selected will be returned with filing fees. USCIS stated that it will begin premium processing for cap-subject H-1B petitions on April 27, 2015. As such, for cap-subject H-1Bs, including advanced degree exemption petitions, the 15-day processing period will begin on April 27, 2015, regardless of the date on the Form I-797 receipt notice.

H1B Rule Clarified for Change of Work Location
The Administrative Appeals Office (AAO) released a precedent decision on April 9, 2015 (Matter of SIMEIO SOLUTIONS, LLC), requiring employers to file amended H1B petitions for changes in employment location. The AAO determined that amended H1B petitions are required when employers move H1B workers to locations not listed in their H1B petitions and underlying certified Labor Condition Applications (LCAs).

In the past, it was unclear whether a new H1B amended petition would need to be filed, or just a new certified LCA would be required, when H1B workers would be relocated to new worksites. The AAO decision sets forth a clear policy in this regard.

USCIS Workload Transfer to Manage Caseloads
Beginning March 27, 2015, USCIS began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.

If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not delay the processing of your case except for the additional time needed to transfer the file.

The affected cases include those filed with the following forms:
I-129F, Petition for Alien Fiancé(e)
I-140, Immigrant Petition for Alien Worker
I-485, Application to Register Permanent Residence or Adjust Status (employment and asylum-based only)
I-821D/I-765, Consideration of Deferred Action for Childhood Arrivals/ Application for Employment Authorization (initial and renewal requests).

To learn more, visit USCIS website at: http://www.uscis.gov/news/alerts/workload-transfer-within-service-center-operations

VISA PREFERENCE NUMBERS FOR May 2015

 

FAMILY

India

Pakistan/Bangladesh

1st

15Aug07

15Aug07

2A

01Sep13

01Sep13

2B

15Sep08

15Sep08

3rd

22Feb04

22Feb04

4th

01Aug02

01Aug02

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

15Apr08

Current

3rd

15Jan04

01Jan15

Other

15Jan04

01Jan15

4th

Current

Current

5th

Current

Current1B

 


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