Serotte Reich, LLP – Immigration Law

The Department of State has published an interim final rule, effective June 4, 2010, that raises from $131 to $140 the fee charged for processing an application for most non-petition-based nonimmigrant visas (Machine-Readable Visas or MRVs) and adult Border Crossing Cards (BCCs). The rule also provides new tiers of the application fee for certain categories […]Read More >

The DOL recently released information that shows they are currently adjudicating PERM filings filed in August 2009. In practice, we believe the DOL is actually doing much better than this report. We recently received PERM approvals for cases filed as recently as February 2010.The DOL also released information that they are currently working on audits with […]Read More >

USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 06/11/10, approximately 22,200 H-1B cap-subject petitions were receipted. USCIS has receipted 9,400 H-1B petitions for aliens with advanced degrees.Read More >

Where do you file an H-1B cap exempt petition when the individual qualifes by working at a cap exempt facility rather than working for a cap exempt employer? In short, the answer is still the California Service Center. In a Practice Pointer found at AILA InfoNet Doc. No. 10052471, the Vermont Service Center (VSC) advises […]Read More >

The Vermont Service Center provided some insight into their approach in adjudicating untimely and late filed I-751 petitions. The information provided intimates that some explanation should be provided for the late filing or the I-751 could be denied without an RFE.The guidance also intimates that the burden on proving the bona fides of the marriage […]Read More >