Government Shutdown: How will it affect immigration filings?
Although the USCIS continues to function much as it always does, the Department of Labor, Office of Foreign Labor Certification, is shut down. This means that no labor condition applications for H-1Bs may be filed, nor any applications for permanent employment certification under the PERM system. As the law requires that all H-1B petitions be supported by a certified labor condition application, H-1B petitions may not be filed with the USCIS. The American Iimmigration Lawyers Association is seeking guidance from the USCIS with respect to handling this situation, but it it is doubtful that the USCIS would agree to accept any filing without, at least, having evidence of a filed labor condition application. As soon as we have additional information, we will post it.
The Senate has released an outline of the "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013". It is scheduled to be introduced this week. Plenty to like as well as dislike. As with all things relating to immigration, the devil will be in the details. Outline
USCIS H-1B Receipt Issuance
USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15. Data entry for non-premium processing cases will begin after the premium processing cases are entered. Data entry for non-premium cases will likely not be completed until sometime in mid-to-late May, and rejection notices for petitions not selected in the lottery will be sent out after that. Non-premium processing cases can only be converted to premium processing after a receipt notice is issued. "AILA InfoNet Doc. No. 13041600 (posted Apr. 16, 2013)"
As of April 15, 2013, approximately 124,000 H-1B cap subject petitions were received by the USCIS. A lottery is being implemented to select first, petitions filed under the Masters cap provision. Once 20,000 petitions have been selected, the Master's cap petitions will be added back into the pool. A lottery will be conducted to select aprpoximately 65,000 "regular cap" H-1B petitions. Receipts are expected in approximately two weeks.
Frances O’Connell Taylor has been ranked among the top corporate immigration lawyers in the world for the second consecutive year. Ms. Taylor, a partner with Taylor & Ryan, secured ranking among the top 438 corporate immigration lawyers internationally for 2012 by London-based Who’s Who Legal, a leading reference resource serving international corporations, government agencies, law firms and individual private practitioners.
New Nonimmigrant Visa Interview Waiver Pilot Program Announced
USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15th. Data entry for non-premium petitions will begin only after the premium petitions are entered. It is expected that it may take until mid-to-late May before all petitions are entered and receipt notices issued. Rejection notices for petitions not selected in the lottery will be sent out after that. Please note that non-premium cases can only be converted to premium processing after a receipt notice is issued. (AILA InfoNet Doc. No. 13041600, posted April 16, 2013)
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