Receipts for H-1B cap cases filed with premium processing have begun to arrive. In fact, this afternoon our firm received via email, a receipt notice, dated April 7, for an H-1B petition filed with premium processing under the U.S. master’s cap.
USCIS advised today that since the H-1B cap was not reached within the first five business days of filing, receipts issued before today (which receipts were previously rumored to be issued in error), remain valid receipts to be counted towards their respective H-1B cap. As such, our April 7 receipt mentioned above is a valid receipt.
USCIS has also confirmed that the 15 day clock for the adjudication of premium processing H-1B cap cases started today.
For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.
Post Authored By: Scott R. Malyk, Esq. of Meyner and Landis LLP
IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!
U.S. Citizenship and Immigration Services ("USCIS") issued a press release earlier today that it will continue to accept H-1B nonimmigrant visa petitions subject to the 2010 cap. Since the initial press release, USCIS has advised that the Service Centers received only HALF of the petitions needed to meet the FY2010 regular cap of 65,000 in the first five business days. Additionally, USCIS claims to have received "just short" of the 20,000 needed to reach the U.S. master's cap. This stands in sharp contrast to last year's nearly 130,000 filings under the regular cap and more than 30,000 filings under the U.S. master's cap.
In past years, both H-1B caps were met within the first days of filing; whereas, this year, USCIS is still accepting petitions beyond the initial five (5) business day filing period. As such, this presents a unique opportunity for employers who opted not to file H-1B petitions for otherwise eligible workers because of the potential for wasted efforts and resources should the petitions not be selected in the anticipated lottery. This is not to say that no such risk exists; however, based upon today's news, it appears there is plenty of availability under the regular cap, as well as a window of opportunity under the U.S. master's cap if you act promptly.
USCIS has advised that it will continue to monitor the number of H-1B petitions received, and will issue an updated press release with a "final receipt date" for both fiscal year 2010 caps. Please note that the final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.
While USCIS has warned that the final receipt date for either cap may predate USCIS' updated press release, to ensure a fair system, it advises that it may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date.
For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.
Post Authored By: Anthony F. Siliato, Esq. and Scott R. Malyk, Esq. of Meyner and Landis LLP
About The Author
Anthony F. Siliato the founder of Meyner and Landis LLP’s Immigration Law Group, has been practicing Immigration Law for more than 25 years. He is chiefly responsible for the firm's business and corporate-related immigration matters which involve the recruitment, hiring, transfer and retention of international personnel worldwide. A past chair of the New Jersey Chapter of the American Immigration Lawyers Association (AILA), Mr. Siliato remains an active member of AILA, serving as a mentor and frequent speaker on employment-related immigration matters. Mr. Siliato currently serves as a member of the Advisory Board of the International Institute of New Jersey, a non-profit organization whose mission statement is to help immigrants and refugees build full and productive lives in the United States and work to ensure their fair and equitable treatment. He was selected as a Super Lawyer in the area of Immigration Law by New Jersey Monthly Magazine (2008, 2009). You may reach Mr. Siliato at asiliato@meyner.com.
Scott R. Malyk is an associate with Meyner and Landis LLP’s Immigration Law Group, specializing in all aspects of corporate and business-related immigration law. He works with businesses of all sizes, from Fortune 500 companies to international startups. Mr. Malyk also represents self-petitioning foreign nationals seeking investment opportunities in the U.S., as well as those seeking National Interest Waiver approval. Additionally, Mr. Malyk represents outstanding scientific researchers, medical professionals, attorneys, foreign legal consultants and a variety of others with extraordinary abilities in the sciences, arts, education, business, and athletics, who wish to come to the U.S. to work in their area of expertise. Such efforts include obtaining temporary and permanent visas for artists, fashion models, musicians, chefs, professional athletes and other entertainers. You may reach Mr. Malyk at smalyk@meyner.com.
For additional information and updates on a variety of corporate and business-related immigration law issues, please visit Meyner and Landis LLP's Corporate Immigration Law News blog at www.corporateimmigrationlaw.com
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