USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013

U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

USCIS FAQ: Adoptions from Vietnam to the United States Will Not Resume Without A New Bilateral Agreement

The bilateral adoption agreement between the United States and Vietnamexpired on Sept. 1, 2008.  Both nations have agreed to cease processing new adoption cases until the United States and Vietnamsign a new bilateral agreement.

Question:   Now that Sept. 1 has passed, what is the status of adoptions from Vietnam?

DOL Notice on H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence

The Department has published in the Federal Register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the Chicago National Processing Center for a higher charge if justified by documentation of actual costs. Similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day.

Ability to Pay Wages when Priority Date is in the Middle of the Year

Question details

How shall ability to pay wages be determined when the Priority Date is in the middle of the year?

 

USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.

Green Card Eligibility Under EB-2 Classification

Question details

Is it necessary for a beneficiary petitioned for Green Card under EB-2 classification (based on a U.S Master’s Degree) to have a degree from an accredited U.S. university?

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.