STEPHANIE MARKS’ IMMIGRATION UPDATE - Vol. 44 (06/2009)

► H-1B Visa Numbers Are Still Available

► New Labor Condition Application (LCA) procedure to commence on July 1, 2009

► H-1B visa numbers are still available.
H-1B visa numbers were not used up on April 1, 2009 this year, as had been expected. There are still H-1B visa numbers available now, however it is likely that they will not last too much longer. The most recent figures announced by USCIS were as of May 22, 2009 when approximately 45,700 H-1B cap-subject petitions had been received out of a maximum total of 65,000. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

► New Labor Condition Application (LCA) procedure to commence on July 1, 2009.
Effective July 1, 2009, the Department of Labor will require the use of a new online procedure to obtain certified Labor Condition Applications (LCA) which are needed for H-1B and E-3 visa petitions. The new procedure is expected to take up to several days for approval, in contrast to the current instantaneous approval process we have now. This means that there may be delays in the ability to quickly transfer employment of H-1B visa holders from one employer to another in the case of a job change or layoff situation.

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