The December 2009 visa bulletin is available.

Click here to get the full report.

As of August 7, 2009, only 44,900 H1-B applications have been received.  The number of applications has not changed from the update in July.

H1-B visas are still available.

44th President of the United States

The New York Times has an article discussing Obama’s declaration that any real discussion of immigration reform has to be postponed at least until next year.

Depending on how you look at the situation, it’s promising that the President is still addressing the need for comprehensive immigration reform.  Or it’s frustrating that it has been officially pushed back to next year.  Given the complex nature of any proposed reform and the political capital he is currently expending to reform health care in the United States, it is an understandable delay.

Click here to read the full article.

The September 2009 Visa Bulletin is available.  The third employment category is still unavailable.  However, the Fourth Category — Special Immigrant Category and the Certain Religious Worker Category became UNAVAILABLE.  They expe

Because of the new regulations concerning Religious Workers enacted last year — the category for non-ministers is set to expire on September 30, 2009.

Please click here for the entire bulletin.

H1B numbers are still available.  As of July 10, USCIS reports that only 44,900 H1-B cap subject applications have been received.

Therefore, the H1-B route is still a good avenue for many clients.

For the current August 2009 visa bulletin click here.

The third category is still unavailable.

USCIS reports that for the fiscal year 2010, approximately 44,500 H1-B petitions have been received. The cap for the H1-B is 65,000 for this year. All of the cap-exempt categories of the H1-B have NOT been met.

The USCIS is therefore still accepting H1-B petitions.

The new visa bulletin for July 2009 is available, please click here.

In the employment visa category, it should be noted that the entire 3rd Preference (including “Other Workers”) is unavailable.

For US companies wishing to transfer in foreign employees from their foreign counterparts, the L-1 is particularly useful.

The L-1 status is available to persons who have worked abroad for one continuous year within the preceding three years and who are transferred temporarily to the U.S. to work in an executive, managerial, or specialized knowledge capacity for the same business.

There are two kinds:

1)  L-1A:  Manager or Executive

2) L1-B:  Individual with Specialized Knowledge

L-1 Petitioner Requirements

1. The organization must be a U.S. or foreign firm, corporation, or other legal entity.
2. The company must be doing business as an employer in the US and in at least one other country through a relationship defined by regulations, such parent, branch, or subsidiary.
3. The petitioning U.S. company must establish an employer-employee relationship.
4. Unless, it is a “new office” (Useful if a foreign company is attempting to set up a subsidiary/branch/new office in the US.  Another post will follow).

USCIS reports that as of June 5, 2009, it has received 44,400 H1-B petitions subject to the cap thus far.  That’s far short of the 65,000 visas cap limit.