ImmInfo Newsletter
Contents   Vol. 4, No. 24,
December 15, 2010

  • The FY2011 H1B quota is quickly slipping away 

  • The EB3 India backlog is still bad, but not quite as bad as thought earlier

  • New policy change on I-140 processing likely

  • I-140 supporting documents

  • Proving "ability to pay"
 

 

We maintain copies of all previous ImmInfo Newsletters in our Archives section.  

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The FY2011 H1B quota is quickly slipping away 

The annual H1B quota for fiscal year 2011 is quickly starting to fill.  The law established a fixed quota of 65,000 “regular cap” visas and an additional 20,000 visas for beneficiaries who are advanced degree graduates of U.S. colleges and universities. The 65,000 cap also includes up to 5,000 visas for citizens of Chile and Singapore who apply under special treaty provisions. Because of the low demand for these visas, the actual cap is approximately 62,000 “regular” H1B visas per year.  
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The EB3 India backlog is still bad, but not quite as bad as thought earlier 

Make no mistake, the India EB3 visa backlog is awful – it just isn’t quite as awful as most people think. Without question, those who are capable of upgrading to EB2 should do so immediately. The large numbers of people who are upgrading, however, are acting to shorten the waiting list for those who cannot upgrade. 
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New policy change on I-140 processing likely

In recent months, several of our clients have reported unusual visits by USCIS investigators. Unlike H1B site visits, these visits involved actual CIS investigators. They all appeared to be random inspections. That is, the investigators did not appear to be acting on the basis of information derived from a specific case.

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I-140 supporting documents

Strictly speaking, the USCIS regulations provide that if a petitioner does not include all initial evidence required by the regulations in support of a petition, the CIS may deny the petition without issuing a request for evidence. While this has not been done in the past, with the new emphasis on reforming the RFE process, we could well see such denials in the immediate future. Irrespective of the risk of a summary denial, there is simply no excuse for not providing all required initial evidence. 
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Proving "ability to pay" 

The regulations of the USCIS explicitly require an I-140 petitioning employer to prove that it can pay the offered wage. For purposes of this examination, the relevant period begins as of the date of the filing of the PERM application and continues through the date the employee becomes a lawful permanent resident. The specific regulatory language commands: 
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