As of 8/6/10, approximately 28,500 (of the 65,000 available) H-1B cap-subject petitions were receipted.
USCIS has receipted 11,900 (of the 20,000 available) H-1B petitions for aliens with advanced degrees.
As of 8/6/10, approximately 28,500 (of the 65,000 available) H-1B cap-subject petitions were receipted.
USCIS has receipted 11,900 (of the 20,000 available) H-1B petitions for aliens with advanced degrees.
Application to Extend/Change Nonimmigrant Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application to Extend/Change Nonimmigrant Status (Form I-539) by itself.
The new form, dated 7/15/10, is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.
Beginning Aug. 3, 2010 applicants submitting Form I-539 by itself must mail their application to the USCIS Dallas Lockbox facility.
Applicants submitting their Form I-539 with Form I-129, Petition for Nonimmigrant Worker, will continue to submit both forms to either the USCIS California Service Center or the USCIS Vermont Service Center, according to the Form I-129 filing instructions.
Dependent applicants submitting Form I-539 applications at the same time should include their application in the package with the primary applicant.
Applicants filing Form I-539 under category “P-4, Dependents of Major League Sports” Athletes or Support Personnel, should continue to file their applications at the USCIS Vermont Service Center.
Applicants filing under the category “V Nonimmigrant” should continue to file their applications at the USCIS Chicago Lockbox facility. Detailed guidance can be found in updated Form I-539 instructions at www.uscis.gov, under the “FORMS”tab.
USCIS Service Centers will forward incorrectly filed Form I-539 applications to the USCIS Dallas Lockbox facility by mail for 45 days, until Sept. 17, 2010.
After Sept. 17, 2010 applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.
USCIS will issue a reciept upon receiving a correctly filed Form I-539 in accordance with the revised filing instructions.
Applicants filing a Form I-539 at a USCIS Lockbox facility may elect to receive an e-mail and/or text message notifying them that their application has been accepted.
They must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.
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.
Please click here for the list of new fees: http://www.travel.state.gov/news/news_5078.html
New Consular Fees in Effect on July 13, 2010
On June 28, 2010, the Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 15 days after publication in the Federal Register. The revised fees will cover actual operating expenses for the 301 overseas consular posts, 23 domestic passport agencies and other centers that provide these consular services to U.S. and foreign citizens.
The 27 adjusted fees are based on a Cost of Service Study completed by the Bureau of Consular Affairs in June 2009. The study, which was the most detailed and exhaustive ever conducted by the Department of State, established the true cost of providing these consular services, which by law must be recovered through collection of fees.
Under the new fee schedule, passport and other Consular fees are set as follows:
| NEW CONSULAR FEES EFFECTIVE JULY 13, 2010 | ||
| CURRENT FEE | NEW FEE | |
| Non-Immigrant Visa Fees* | ||
| Nonimmigrant visa application | $ 131.00 | $ 140.00 |
| 1. H, L, O, P and R categories | $ 131.00 | $ 150.00 |
| 2. E Visas | $ 131.00 | $ 390.00 |
| 3. K Visa | $ 131.00 | $ 350.00 |
| 4. BCC Adult | $ 131.00 | $ 140.00 |
| Immigrant Visa Fees | ||
| IV Application Processing Fee | ||
| 1. Family-based immigrant visa | $ 355.00 | $ 330.00 |
| 2. Employment-based immigrant visa | $ 355.00 | $ 720.00 |
| 3. Other immigrant visas (SIVs, DVs, etc.) | $ 355.00 | $ 305.00 |
| IV Security Surcharge | $ 45.00 | $ 74.00 |
| Diversity Visa Lottery surcharge | $ 375.00 | $ 440.00 |
| Domestic review of Affidavit of Support | $ 70.00 | $ 88.00 |
| Determining Returning Resident Status | $ 400.00 | $ 380.00 |
| Passport Fees | ||
| Passport Book – adult | $ 100.00** | $ 135.00** |
| Passport Book – minor | $ 85.00** | $ 105.00** |
| Passport Book Renewal – Adult | $ 75.00 | $ 110.00 |
| Additional passport visa pages | - | $ 82.00 |
| Passport Card – Adult | $ 45.00** | $ 55.00** |
| Passport Card – Child | $ 35.00** | $ 40.00** |
| Consular Report of Birth Abroad | $ 65.00 | $ 100.00 |
| Renunciation of U.S. Citizenship | - | $ 450.00 |
| File Search and Verification of U.S. Citizenship | $ 60.00 | $ 150.00 |
| Overseas Citizens Services | ||
| Disposition/Shipment of Remains of a non-U.S. Citizen | $265.00 + expenses | $200.00 + expenses |
| Documentary Services | ||
| Notarials, Certifications of True Copies, Authentications, provision of Department of State records | $ 30.00 (first), 20.00 (addt’l) |
$ 50.00 |
| Judicial Services | ||
| Processing Letters Rogatory & FSIA | $ 735.00 | $ 2,275.00 |
| Taking Depositions or Executing Commissions: | ||
| 1. Scheduling/Arranging Depositions | $ 475.00 | $ 1,283.00 |
| 2. Attending or Taking Depositions | $ 265.00/hr + expenses | $ 309.00/hr + expenses |
| 3. Swearing in Witnesses | $ 265.00/hr + expenses | $ 231.00/hr + expenses |
| 4. Supervising Telephone Depositions | $ 265.00/hr + expenses | $ 231.00/hr + expenses |
| 5. Providing Seal and Certification | $ 70.00 | $ 415.00 |
| Administrative Services | ||
| Consular Time Charges (per hour) | $ 265.00 | $ 231.00 |
*New NIV fees were instituted June 4, 2010.
**This includes a $25 Execution fee not retained by Department of State.
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.
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.