ImmiLETTER Vol. III – Issue 4: April 1, 2008

2009 H-1B Visa Season
What to expect under the new rules?
The H1B Season for 2009 will open today. Speculations are high as to how long it will take for the applications to overtake the quota – one day like last year or more. The situation this year is however a little different from the previous years, as USCIS has introduced a few changes to their H1B visa processing system, with the intention to streamlining the system and plugging a few loopholes. So, how are these going affect your chances?

This year employers will not be able to flood the quota by filing multiple applications for H-1B visas for the same job candidate. The penalty for multiple filings is set high at denial or rejection of all petitions filed by the offending employer.

Adjustment of Status Delays
Solution in Sight?
The United States Citizenship & Immigration Services (USCIS) has sped up the processing time for some of the I-485 Applications to Adjust Status petitions which were delayed because of Federal Bureau of Investigation’s (FBI) name-check system.

On February 4, 2008 USCIS issued an interoffice memorandum with the subject “Revised National Security Adjudication and Reporting Requirements.” which states that if an Application for Adjustment of Status is delayed only due lack of name check clearance from FBI and the name check has been pending over 180 days, USCIS must approve the application.

  • 20 Mar 2008 :: USCIS Interim Rule: Multiple Filings Prohibited
  • 19 Mar 2008 :: April 2008 Visa Bulletin: EB-2 Available for India
  • 19 Mar 2008 :: Two New Bills Propose H-1B Hike
  • 12 Mar 2008 :: Re-entry Permits now to Require Biometrics
  • 11 Mar 2008 :: PERM Processing Times likely to increase
  • 11 Mar 2008 :: PERM Application Processing Centralized
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Disclaimer: The information provided on this newsletter is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
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