Blog

Update on H-1B CAP Lottery System

4/2/2009 Written by Brian D. Zuccaro

AILA liaison has provided updated information on the H-1B cap lottery system for this year’s filings. (See AILA InfoNet Doc. No. 09032560) USCIS has confirmed that if it determines that they have received a sufficient number of cases in the first five business days of April to reach the cap, then the “lottery” will be […]Read More >

NTA Issuance After I-140 Approvals

3/18/2009 Written by Brian D. Zuccaro

AILA has received reports from several members that the TSC has begun issuing NTAs to out-of-status beneficiaries after the approval of an I-140 petition filed for the alien. This includes those who are eligible to adjust under INA §245(i), but who have not, or cannot, file to adjust status due to category backlogs. The cases […]Read More >

Update on Recent Changes to I-9 Form

3/18/2009 Written by Brian D. Zuccaro

USCIS has again slightly revised the I-9 form and process. USCIS announced at the end of 2008 an interim final rule that narrows the list of acceptable identity documents, further specifies that expired documents are not considered acceptable forms of identification and includes changes to the employee attestation. The new interim final rule eliminates Forms […]Read More >

Clarification on Revocation of H-1B Status and Non-immigrant Status

2/24/2009 Written by Brian D. Zuccaro

AILA has received a number of comments on the recent VSC Practice Pointer on H-1B Status and Non-immigrant status (AILA Doc. No. 09021960), and would like to address member concerns. In the January 21, 2009 VSC liaison minutes (AILA Doc. No. 09012768), VSC discussed the impact of a revocation of an H-1B petition on H-1B […]Read More >

Unlawful Presence and Admission to the U.S.

1/30/2009 Written by Brian D. Zuccaro

CIS recently provided updated guidance on unlawful presence and the effect of the individual’s subsequent admission to the U.S. on the running of the individual’s inadmissibility period under section 212 (a)(9)(B) of the INA. Lynden Melmed, Chief Counsel, recently confirmed that the unlawful presence period under section 212 (a)(9)(B) begins as of the individual’s initial […]Read More >