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H-1B petitions

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/26/11, the FY2011 cap-subject H-1B petition cap has been reached. USCIS has receipted more than 20,000 H-1B petitions for aliens with advanced degrees.

The H-1B

H-1B Cap

H-1B Attorney

H-1B Speciality worker

Beta-testing VIBE

USCIS announcement that the agency is beta-testing the web-based Validation Instrument for Business Enterprises (VIBE), and petitioners may begin seeing VIBE-related Requests for Evidence.

USCIS announcement

USCIS announcement that the agency is beta-testing the web-based Validation Instrument for Business Enterprises (VIBE), and petitioners may begin seeing VIBE-related Requests for Evidence.

Beta Testing VIBE

Immigration attorney

Immigration lawyer

Law Offices of Brian D. Lerner

Guidance on the implementation of increased fees

USCIS 1/18/11 policy memo providing guidance on the implementation of increased fees for certain H-1B and L-1 petitions under Public Law 111-230.

L-1 meaning

The H-1B and L-1 

L-1 petitions 

L-1 approved

H-1B Cap for FY2011

USCIS announces  that  it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.

H-1B Cap

USCIS announces  that  it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.

H-1B cap

H-1B  meaning

H-1B petitions

H-1B season updates

Requests to expedite adjudication of Form I-601

USCIS draft memorandum on requests to expedite adjudication of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside the U.S.

Form I-601

I-601 meaning

I-601 petitions

Our Immigration Law Firm

Decision on Review of Sua Sponte Reopening

The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)

New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)

How Petitioner violated Cal. Health & Safety Code §11352(a)?

The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11)

Petitioner: questions and answers

Petitioner to pursue an argument never presented to the BIA

Petitioner income

Our Immigration Law Firm