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The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.

Jan. 27, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

Introduction

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).

In November 2010, USCIS published a revised Form I-129, Petition for a Nonimmigrant Worker, which became effective on Dec. 23, 2010. Due to a number of inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States", USCIS advised  petitioners that they would not be required to complete this section until Feb. 20, 2011. Petitions postmarked on or after Feb. 20, 2011, must complete Part 6 of the Form I-129. 

The Department of Homeland Security (DHS) supports the efforts of immigration practitioners who volunteer to assist aliens at community events.  U.S. Citizenship and Immigration Services (USCIS) announced that, until further notice, DHS Disciplinary Counsel does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) in relation to pro bono services provided at group assistance events. 

Please check the attachment for detail.

Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)

Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010 

[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Rules and Regulations]              
[Page 10498-10500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-7]                        

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American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.

U.S. Citizenship and Immigration Services (USCIS) is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

Beginning April 1, 2011 all Change of Address, (Form AR-11) and Alien’s Change of Address, (Form AR-11 SR) will change filing location to this address. 

DHS/USCIS
Harrisonburg File Storage Facility
Attn:  AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801

Change of address forms mailed to the old location will be forwarded to the new filing location for 45 days beginning April 1, 2011 until May 16, 2011.

On February 8, USCIS posted a notification regarding the delay in processing approximately 36,000 immediate relative petitions that were transferred from the California Service Center to the Texas Service Center. In that notification, we advised that some cases were transferred back to our California Service Center to take advantage of currently available resources.  We also committed to providing you with updates on our progress.

The Department has published a notice in the Federal Register on March 1, 2011 that announces the 2011 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement for use in the H-2A program. This notice provides (1) the 2011 AEWRs for employers seeking H-2A workers; (2) the allowable maximum amount for 2011 that employers may charge their H-2A workers for providing them with three meals a day; and (3) the maximum travel subsistence reimbursement which a worker with receipts may claim in 2011.