H Visa

U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.

U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009.  USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation.  This exemption does not impact other H-2A categories.

U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. 

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.

U.S. Citizenship and Immigration Services (USCIS) reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.

Please see the attached memorandum released by the USCIS on Dec 10,09.

Fiscal Year 2010 H-1B Cap Count