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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) 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.

The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009.  USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during January. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by December 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin. (more…)

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by November 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES (more…)

While it’s important to emphasize the need for immigration reform from an enforcement perspective, the need for reform stretches far beyond those reasons. We have to make sure the immigration system works to support American families, businesses and workers.

As part of the Administration’s outreach on this issue, my Department has held stakeholder meetings with more than 1,000 people and organizations across the country. The businesses, community leaders, labor leaders, faith groups and law enforcement we’ve met with all have different stories, but they all reach the same conclusion: we need reform. This reform will be part of the new foundation for growth, prosperity, and security that this Administration is working to create. (more…)

Getting better

(BY ALFONSO CHARDY from the MiamiHerald.com)

Last year, immigration attorney Stephen Bander was suing immigration authorities left and right demanding they speed up citizenship applications that were frequently taking a year or longer to decide. Times have changed. (more…)

Cardinal Theodore McCarrick, Archbishop Emeritus of Washington, testified in Congress before the Senate Subcommittee on Immigration, Refugees, and Border Security on Comprehensive Immigration Reform. The hearing sought faith-based perspectives on immigration reform.

“Our nation requires an immigration system that marries legal immigration with our long-term economic needs, the principle of family unity, and basic human rights. This will help restore the rule of law to our immigration system. Now, our immigration system accomplishes none of these goals,” said Cardinal McCarrick.

The cardinal also addressed concerns regarding the rule of law and how it applies to immigration. “In truth, the church position in favor of reform seeks to restore the rule of law and provide order and legality to an otherwise chaotic system,” said Cardinal McCarrick, a consultant to the U.S. Bishops’ Committee on Migration. (more…)

(Washington DC) At a rally today on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives.

Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today he outlined some of those core principles.

In a statement, Rep. Gutierrez said:

“We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. It is time we had a workable plan making its way through Congress that recognizes the vast contributions of immigrants to this country and that honors the American Dream.  I am preparing such a plan, and will introduce it in the near future. It will include the following core principles:” (more…)

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during November. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by October 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin. (more…)

There are few states where the growing political and economic clout of immigrants, children of immigrants, and Latinos is as apparent as Florida. Immigrants account for nearly one-in-five Floridians, and close to half of them are U.S. citizens eligible to vote. Latinos comprised roughly one-in-seven of the state’s voters in the 2008 elections, while immigrants and their children were one-in-seven of the state’s registered voters as of 2006. Latinos in Florida wield more than $100 billion in consumer purchasing power and, at last count, owned one out of every six businesses in the state. Immigrant and Latino workers and entrepreneurs are integral to Florida’s economy and tax base—and they are an electoral force with which every politician must reckon.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during October. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by September 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

The fiscal year 2009 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality (more…)