Keshab Raj Seadie Law Office | Immigration News Center

Keshab Raj Seadie Law Office Immigration News Center

Latest H-1B Cap Count

Continue to visit our website or USCIS for the latest updates on H-1B Cap Count.

FY 2011 H-1B Cap Count

Cap Type	Cap Amount	Cap Eligible Petitions	Petition Target	Date of Last Count
H-1B Regular Cap	65,000	53,900		12/17/2010
H-1B Master’s Exemption	20,000	19,700		12/17/2010

US Labor Department Recovers over $638,000 in Back Wages from New Jersey Computer Consulting Company

Following a consent order obtained by the US Department of Labor, Peri Software Solutions Inc. have agreed to pay $638,449 in back wages and interest to 67 H-1B workers for violating the H-1B program provisions of the Immigration and Nationality Act. The Newark company sponsored the H-1B non-immigrant workers to work as programmer analysts across the country.

Under the order, Peri Software Solutions Inc. and Periasamy also must pay $126,778 in civil money penalties and interest for failing to provide notice of the filing of labor condition applications at each place where any H-1B worker was to be employed and for filing lawsuits against H-1B workers for early cessation of employment. The company and Periasamy will be debarred from participating in the H-1B program for one year.

"Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce," said Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division. "When companies participating in the H-1B program do not post filed labor condition applications, they clearly undercut American workers who may be qualified for available employment but aren't aware of it."

Since 2005, investigations conducted by the department's Wage and Hour Division have resulted in more than $5.6 million in back wages and $300,000 in civil money penalties in New Jersey, not including this case. The most common violations include: 1) failing to post notices of the filing of labor condition applications at every worksite where an H-1B worker may be employed and 2) failure to pay non-immigrant workers the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit or studying for a licensing exam.

USCIS Introduces First-Ever Fee Waiver Form

USCIS introduced its first-ever standardized fee waiver form, Form I-912, on November 23, 2010, the same day that the filing fee adjustments took effect.

According to USCIS Director Alejandro Mayorkas, the new form is designed to bring "clarity and consistency to immigration-benefit services." The form is a response to the public's complaints that the lack of a standardized form led to confusion regarding the criteria and standards for approving fee waivers. Notably, the new form includes information on the methodology USCIS will use when adjudicating fee waiver requests.

To learn more visit USCIS .

USCIS Filing Fee Increases Go into Effect from Nov. 23, 2010

The adjustment of USCIS filing fees, which was published in the Federal Register on September 24, will go into effect on November 23, 2010। Please note that while there is an increase in most fees, some fees were reduced while others remained the same.
For USCIS's complete listing of Filing Adjustments, visit here.

Roughly 90 percent of USCIS's operating budget comes from applicant filing fees. A fee adjustment, as detailed in the final rule, was necessary to ensure that USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

In addition to the above fee adjustments, the new fee rule expands the availability of fee waivers to new categories, including:

• Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
• Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
• Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.

DREAM Act Fails in the Senate - Dream Shattered for many hopeful young aliens

On Saturday, December 18, 2010, the Senate failed to pass the DREAM Act which would have offered a path to citizenship for thousands of illegal immigrants who entered the U.S. as children. The act failed to pass by just five votes. President Obama declared that he was disappointed in the vote, claiming that "a minority of senators prevented the Senate from doing what most Americans understand is best for the country." He reiterated that his administration remains committed to fighting for immigration reform.

US Immigration Attorney Mr. Keshab Raj Seadie, Esq. will be monitoring Obama Administration's upcoming efforts on Comprehensive Immigration Reform. Details will be posted on this blog as well as www.greencardmaker.com. Fore more information on other practice area, please visit www.greencardmaker.com

H-1B Filing Season for Fiscal Year 2010 Starts on April 1, 2009

Although current economic conditions may result in less H-1B applications for Fiscal Year 2010 than the 160,000+ received by USCIS for Fiscal Year 2009, it is almost certain that the number of applications will exceed the annual quota of 65,000 plus 20,000 for holders of U.S. advanced degrees. United States Citizenship and Immigration Services will begin accepting advance filings of H-1B cases for Fiscal Year 2010 on April 1, 2009. It is crucial to have properly prepared petitions arrive on that date in order to be considered.

If there is a demand in excess of the quota, USCIS will again utilize a computerized lottery system. Although timely filing does not guarantee a quota number, it does put the application in a solid position.


Now is the time to begin preparation of an H-1B petition. Thorough preparation and documentation, including degrees, transcripts and certified translations, should be done well in advance. The Department of Labor (DOL) has announced it will be closely scrutinizing Labor Condition Applications (LCAs) this year, so you cannot count on rapid processing of previous years. Again, advance planning and careful preparation are needed.


Please note, some H-1B employment is not subject to the annual cap. This includes amended petitions, extensions of stay, concurrent employment or change in employer for someone currently in H-1B status. Also exempt from the quota are potential employees who will work at institutions of higher learning or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. These applications can be filed at any time, although proper preparation is also essential, especially clarity in demonstrating exemption from the quota.

Our law firm is accepting cap-subject H1B cases for Fiscal Year 2010. H1B Filing is very crucial and filing should be done for Wednesday April 1st, 2009 as random lottery is most likely to continue this fiscal year as well. For immediate assistance and free phone consultation, please feel free to contact our office at 212-571-6002, ext. 108 or email us at h1b@seadie.com