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Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions

Introduction

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked.

U.S. Citizenship and Immigration Services sent this bulletin at 03/27/2012 06:07 PM EDT

Dear Stakeholder,

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

To view FAQ please check the attachment.

• USCIS report to Congress on FY2012 H-1B filings, including the number of petitions filed, the number of employers required to pay the additional ACWIA petition fee, and the number of “Fraud Prevention and Detection Fees” paid.
• Please check the attachment to view the report.

Please click the attachment below or clike this link here to view the Report on Characteristics of H1B Speciality Occupation Workers

FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013

FY 2013 Q3 PERM Fact Sheet

FY 2013 Q3 H-1B Fact Sheet

FY 2013 Q3 H-2B Fact Sheet

FY 2013 Q3 H-2A Fact Sheet

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.