The American Immigration Lawyers Association’s annual June conference brought confirmation by government officials of further visa retrogression throughout this summer, delay in the requirement date for mandatory federal contractor e-Verify participation, PERM adjudication issues as well as possible delays in the requirement of the new PERM form. The government’s iCert Labor Condition Application portal is still targeted to become mandatory on Wednesday, July 1, 2009, despite repeated complaints.

American Immigration Law Foundation (AILF) Quarterly Board Meeting/Fundraiser and American Immigration Lawyers Association (AILA)Annual June Conference.

Partner Kirsten Schlenger, Vice Chair of the ALF Board of Trustees, will attend the Foundation’s quarterly Board meeting and annual fundraising event honoring immigrant Carlos Santana in early June. Kirsten will also attend, with associate Stephanie Corinna Smith, AILA’s annual conference at which government representatives are scheduled to participate. Stay tuned for important government updates and tips from that conference.

Employers may still file H-1B Visas for Fiscal Year 2010; New Labor Condition Application “I-Cert” Delayed until June 30, 2009

Fiscal Year H-1B Numbers
About 20,000+ Fiscal Year 2010 H-1B Visas are Still Available.  The government has related, not surprisingly given the economic downturn, that as of May 18, 2009, it has only received approximately 45,500 regular H-1B cap petitions, and about 20,000 advanced degree petitions.    [The government grants 20,000 additional H-1B visas for holders of U.S. advanced degrees.]  The government will continue to accept both cap-subject and advance degree petitions until it has received 65,000 H-1B-cap petitions and 20,000 advance degree H-1B petitions.  Beneficiaries of approved fiscal year 2010 H-1B petitions can begin work in H-1B status no earlier than October 1, 2009. 

On April 13, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.