News Update - April 23, 2009

By Alan Lee, Esq.

FY2010 H-1B Petition Filing Update

As of April 20, 2009 USCIS has received about 44,000 H-1B petitions subject to the Congressionally-mandated cap of 65,000. USCIS has also received about 20,000 petitions for aliens with advanced degrees, reaching this type of petition’s limit. These petitions are exempt from the fiscal year cap on H-1B visas. USCIS will continue to accept petitions for aliens with advanced degrees however because not all of the petitions already received will be approved. Updates on the processing of H-1B petitions can be found at http://www.uscis.gov/files/article/H-1B_count_20apr09.pdf.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2009 Alan Lee, Esq.

 

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.