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From AILA, 4/16/13:

USCIS has started the data entry process for H-1B petitions selected in the lottery.

We are receiving our first FY 2014 H-1B premium processing email notifications for cases selected in the lottery.

Hopefully the regular (non-premium processing) I-797 receipts will come soon.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.

On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit.

For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first.

All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice.

To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

Below is a summary along with processing times of some of our H-1B visa approvals that we received in January 2013.

Job Title: Graphic Designer
Case #: EAC1303850493
Date Filed: 11/21/12
Date Approved: 1/11/13
Service Center: Vermont
Processing Time: 51 days

Job Title: Software Developer
Case #: EAC1217650220
Date Filed: 5/24/12
Date Approved: 1/10/13
Service Center: Vermont
Processing Time: 231 days

Job Title: Technical Services Consultant IT
Case #: WAC1301250309
Date Filed: 10/16/12
Date Approved: 1/11/13
Service Center: California
Processing Time: 84 days

Job Title: .NET Programer
Case #: EAC1306050160
Date Filed: 12/21/12
Date Approved: 1/8/13
Service Center: Vermont
Processing Time: 18 days

Job Title: Project Engineer
Case #: EAC1304251050
Date Filed: 11/29/12
Date Approved: 12/17/12
Service Center: Vermont
Processing Time: 18 days

Job Title: Senior Programmer
Case #: EAC1218951113
Date Filed: 6/26/12
Date Approved: 1/11/13
Service Center: Vermont
Processing Time: 199 days

H1B Visa Cap / Quota – FY 2014

USCIS will begin accepting new h1b visa quota based applications on April 1, 2013. The earliest start work date will be October 1, 2013.

Our office is now preparing h1b visa petitions for the April 1, 2013 filing. Please click here for details.

H1B Visa Cap / Quota – FY 2013

On June 11, 2012, USCIS received a sufficient number of petitions to reach the h1b visa quota/ cap for FY 2013.

On June 7, 2012, USCIS also received more than 20,000 H1B visa quota based petitions.

USCIS will reject petitions subject to the h1b visa quota for H1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

H1B Visa Cap /Quota Exemptions:

The following H-1B visa petitions are not subject to the annual quota:

• An amended H1B visa petition.
• An H1B visa Renewal / Extension petition.
• An H1B visa Transfer petition.
• The employer is an institution of higher education (College or University).
• The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University) and the Foreign National Beneficiary (Worker) is enrolled in the jointly managed program.
• The employer is a nonprofit research organization or a governmental research organization.The Foreign National Beneficiary (Worker) has been previously granted status as an H1B visa nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status.

The 2010 Neufeld memo requires employers to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee.

Here is a sample cover letter to USCIS to accompany the H-1B petition that addresses these issues.

———————

Insert Acme, Inc.’s letterhead here

Thursday, January 10, 2013

USCIS – California Service Center
Attn: H-1B Renewal/ Extension
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

Case Type:      H-1B Renewal
Petitioner:      Acme, Inc.
Beneficiary:   Mr. Rajesh SINGH
Position:           Software Engineer

Dear Sir / Madam,

Please be advised that we, Acme, Inc. (“Acme”), are seeking permission from the USCIS for Mr. Singh to continue to work at our Software Consulting firm as a Software Engineer on a temporary basis in H-1B status.

About the Petitioner – Acme, Inc.

Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services.  We offer a range of expertise aimed at helping customers reengineer/reinvent their businesses to compete successfully in an ever changing marketplace.  We boast of one of the highest customer retention rates in the industry.

Acme’s I-129-H Petition on behalf of Mr. Singh meets all the required criteria that a Petitioner must establish for the existence of an employer-employee relationship and that this relationship will continue to exist with the Beneficiary throughout the duration of the requested H-1B validity period.

In the 01/08/2010 Memo, Director Neufeld points out that USCIS must look at a number of factors to determine whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee. The Petitioner must be able to establish that it has the right to control over when, where, and how the Beneficiary performs the job and USCIS will consider the following to make such a determination (with no one factor being decisive):

1. Does the Petitioner supervise the Beneficiary and is such supervision in-house?

Click here for the rest of the letter.

Our office filed an H-1B Visa petition (WAC-12-251-50008) for an Industrial Engineer on 09/28/2012. The petition was approved on 1/3/2013 for a total processing time of 97 days (3 months, 6 days).

Our office filed an H-1B Visa petition (WAC-12-209-50077) for a Regional Scheduling Manager on 07/31/2012. The petition was approved on 12/31/2012 for a total processing time of 153 days (5 months).

Our office filed an H-1B Visa petition (WAC-12-217-50386) for a Development Lead on 08/10/2012. The petition was approved on 12/31/2012 for a total processing time of 143 days (4 months, 21 days).

Our office filed an H-1B Visa petition (Premium Processing) (EAC-13-060-51171) for a fiber optics and sensor Engineer on 12/31/2012. The petition was approved on 1/9/2013 for a total processing time of 9 days.

Our office filed an H-1B Visa petition on 9/24/2012/12.

The petition was approved on 12/31/12 for a total processing time of 72 days (2 months, 11 days).

Case Summary:

Preschool Teacher H-1B petitions are sometimes problematic since it is not always easy for the petitioner to show that a Bachelor Degree in the minimum requirement.

According to NAEYC (National Association for the Education of Young Children), At least 75% of teachers must have a minimum of a baccalaureate degree or equivalent in early childhood education, child development, elementary education, or early childhood special education, and this training encompasses child development and learning of children birth through kindergarten; family and community relationships; observing, documenting, and assessing young children; teaching and learning; and professional practices and development. (Criterion 6.A.05 for Teachers).

Job Duties:

• Arrange team meetings and lead discussions on curriculum content and children’s development;
• Plan and implement educational and recreational activities for the classes;
• Make sure all teachers submit written lesson plans to the Program Manager for the subsequent week by Friday each week;
• Supervise and support teachers, student teachers, and work study students;
• Assure that the experiences of student teachers meet the goals for the academic requirements of the student teaching placement;
• Work as a team with Director, Program Manager, and other staff to assure that the center functions smoothly;
• Establish and maintain good working relationships with parents;
• Communicate with parents by preparing activity reports for them to take home;
• With Program Manager, arrange parent conferences on a regular basis;
• Prepare additional written reports as necessary;
• Maintain appropriate contact with various multi-disciplinary professionals (social workers, special needs coordinators);
• Demonstrate ability to physically work/play with young children in a variety of contexts including indoors (on the floor, at tables) and outdoors (playgrounds, on walks, in strollers or carts);
• Maintain the classroom in a visually pleasing, intellectually stimulating, child-centered environment; and
• Demonstrate and model professionalism and maintain confidentiality.

The US Embassy in Mumbai, India recently announced changes to the H1B visa stamping processing procedures.

Among the changes:

Beginning September 26, 2012 h1b visa applicants may use their cell phones to make payments via EFT. Applicants will be able to schedule their appointments online or by phone.

Companies and travel agents will be able to purchase multiple fee receipts for group travel

An option for the scheduling of group and emergency appointments.

H1B visa applicants will have to make two appointments.  Before the interview they will have to visit an Offsite Facilitation Center (OFC) to submit their fingerprints and a photo.   Most applicants should only need to visit an OFC once.

click here for more details