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As of July 23, 2010 USCIS has receipted 26,000 H-1B cap-subject petitions.

USCIS has receipted 11,300 H-1B petitions for aliens with advanced degrees.

USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted.

As of 7/16/10, approximately 25,300 H-1B cap-subject petitions were receipted.

USCIS has receipted 11,000 H-1B petitions for aliens with advanced degrees.

USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted.

As of 7/9/10, approximately 24,800 H-1B cap-subject petitions were receipted. USCIS has receipted 10,600 H-1B petitions for aliens with advanced degrees.

The US Chamber of Commerce issued a letter urging member of the Senate to oppose the “Employ America Act” (S. 2804) either as stand-alone legislation or as an amendment to other legislation.

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As of June 25, 2010, approximately 23,500 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 10,000 H-1B petitions for aliens with advanced degrees.

Please click below for a copy of the complaint and application for preliminary injunction filed in the D.C. District Court challenging the application of the 1/8/10 Neufeld memorandum.

neufeldcomplaint-6-8-10

This is the latest RFE that USCIS is issuing based on the January 2010 Nuefield Memo regarding the Employer-Employee relationship. This section relates to H-1B Visa Consultants working In-House at the employer’s office.

If the beneficiary will work on a project at your own location, provide evidence that demonstrates you have sufficient specialty occupation work that is immediately available upon entry into the United States through the entire requested H-1B validity period by providing a combination of the following or similar types of evidence.

This list is not inclusive of all types of evidence that may be submitted. You may submit any evidence you feel will establish sufficient specialty occupation work.

Copy of signed Employment Agreement between you and beneficiary detailing the terms and conditions of employment;

Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;

Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered;

Copy of a position description or any other documentation that describes the skills required to perform the job offered, the tools needed to perform the job, the product to be developed or the service to be provided, the method of payment, whether the work to be performed is part of your regular business, the provision of employee benefits, and the tax treatment of the beneficiary by you;

Evidence of sufficient production space and equipment to support the beneficiary’s specialty occupation work.

Copies of critical reviews of your software in trade journals that describes the purpose of the software, its cost, and its ranking among similarly produced software manufacturers;

Proof of your software inventory;

Proof of sufficient warehouse space to store your software inventory;

Copy of the marketing analysis for your final software product;

Copy of the cost analysis for your software product;

Evidence of sufficient production space and equipment to support the production of your software.

FY 2011 H-1B Cap Count

Cap Eligible Petitions

This is the number of petitions that USCIS has accepted for this particular type of cap.  It includes cases that have been approved or are still pending.  It does not include petitions that have been denied.

Petition Target

This is the number of petitions that USCIS projects it will need for the cap to be met.

Cap Amounts

The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

The new VSC addresses are as follows:

H-1B Cap Cases:

USCIS-VSC
Attn: H-1B Cap
4 Lemnah Drive
St. Albans, VT 05479-0001

H-1B U.S. Master’s Exemption Cases:

USCIS-VSC
ATTN: H-1B U.S. Masters Cap
4 Lemnah Drive
St. Albans, VT 05479-0001

The VSC filing addresses for all other H-1B petitions (including those requesting premium processing service) remain the same as FY 2010. There will be a USCIS press release in the near future clarifying this issue.