Public Service Announcement: Beware the promises of Notarios – Immigration Reform Hasn’t Happened Yet.
AILA has released the Public Service Announcement (.pdf link above) entitled “Beware the promises of Notarios! Immigration Reform Hasn’t Happened Yet.”
FY2014 H-1B Cap Update – 04/16/2013
AILA indicates that USCIS has initiated the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15. Our firm has been receiving Premium processing notices since last week.
Data entry for non-premium processing cases will begin after entries for premium processing cases are completed, likely not until May (like in 2008). Rejection notices for petitions not selected in the lottery will be issued subsequently.
USCIS Cap: Approx. 124,000 H-1B Petitions filed between April 1 and April 5 for approx. 83K Visas Available (incl. Adv. Degree Cap/Reg Cap Minus Singapore/Chile)
VIA USCIS.GOV
WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.
As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013. For more information on premium processing for FY 2014 cap-subject petitions, please see the related USCIS Alert.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:
- extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.
ENTIRE YEAR’S H-1B CAP MET ON APRIL 5, 2013, AS USCIS HAD PREDICTED. THIS IS CLEAR EVIDENCE THAT INCREASED H-1B NUMBERS URGENTLY NECESSARY
USCIS’ announcement (late last month) that it anticipated the entire year’s cap would be met in within a week of the cap opening on April 1, 2013 was a self-fulfilling prophecy. We have learned that the cap is indeed exhausted. This is undisputed evidence that H-1B visa numbers must be increased in order for this country to remain competitive globally.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
USCIS will provide more detailed information about the H-1B cap next week.
Fedex appears to be experiencing trouble with the sheer volume of H-1B petitions filed
By Ashwin Sharma
Several of the Cap Subject H-1B professional worker cases we submitted to USCIS via overnight Fedex from Saturday onward show no tracking information updates. Other sources are also indicating that Fedex is experiencing difficulty handling the sheer volume of H-1B applications filed.
Ashwin Sharma interviewed by Reuters on U.S. demand for skilled worker visas topping quota
Ashwin Sharma interviewed by Reuters on U.S. demand for skilled worker visas topping quota.
Preliminary paperwork that prospective visa seekers must file with the Department of Labor before applying to USCIS indicates that there is demand for well over 65,000 visas, said Jacksonville, Florida-based lawyer Ashwin Sharma, who handles H-1B visa applications for technology consulting firms. He expects a record volume of applications this year.
CNN’s Michael Beckerman: Give more visas to foreign-born workers
CNN’s Michael Beckerman: Give more visas to foreign-born workers
Michael Beckerman, President and CEO of the Internet Association, shares his thoughts on the state of the H-1B professional visa and why the H-1B quota should be increased.
USCIS Anticipates Meeting FY 2014 H-1B Cap in First Few Days – First Time since 2008
By nation in 2005 (Photo credit: Wikipedia)
By Ashwin Sharma, Esq.
The latest H-1B numerical cap (FY 2014) opens on April 1, 2013. USCIS has indicated that it expects to receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. USCIS will monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.
This could be the first time since April 2008 that the H-1B cap will require a lottery. USCIS has also indicated that premium processing for H-1B petitions filed for the Cap will note begin until April 15, 2013, quite understandable considering they are expecting an avalanche of H-1B cases.
That we are at 2008 application levels and preparing for another H-1B lottery is testament to two major factors:
1. Information Technology consulting, and the large variety of industries supported by it, have largely rebounded since the 2008 economic crash.
2. There are not enough H-1B visas to meet demand. Increasing H-1B numbers was obviously not at the top of the priority list during the economic collapse, however, it must be addressed directly by any Comprehensive Immigration Reform program. Increasing the H-1B quota, along with the addition of a special category for IT workers, is a no-brainer – one of the simplest fixes Congress can make in both strengthening this country’s economy and status as a tech superpower.
Related articles
- US to accept H1B applications from April 1 (news.in.msn.com)
4 Key Laws in America’s Troubled History With Immigrants
4 Key Laws in America’s Troubled History With Immigrants
Ashwin Sharma’s PolicyMic article on “4 Key Laws in America’s Troubled History With Immigrants”
Readout of President’s Calls to Senate Republicans on Immigration Reform
President Barack Obama and Senator John McCain in a press conference, taking place on March 4, 2009. (Photo credit: Wikipedia)
THE WHITE HOUSE
Office of the Press Secretary
______________________________________________
FOR IMMEDIATE RELEASE
February 19, 2013
Readout of the President’s Calls to Senate Republicans on Commonsense Immigration
Reform
“This afternoon, the President placed calls to Senator Graham, Senator McCain, and Senator Rubio to discuss their shared commitment to bipartisan, commonsense immigration reform and to commend the Senators for the bipartisan progress that continues to be made by the Gang of 8 on this important issue.
During the calls, which build on conversations that have taken place at the staff level, the President reiterated that he remains supportive of the effort underway in Congress, and that he hopes that they can produce a bill as soon as possible that reflects shared core principles on reform.
The President has made clear that he believes commonsense reform needs to include strengthening border security, creating an earned path to citizenship, holding employers accountable, and streamlining legal immigration.
As the President made clear when he met with Democratic Senators involved in the process last week, that while he is pleased with the progress and supportive of the effort to date, he is prepared to submit his own legislation if Congress fails to act.
He thanked the Senators for their leadership, and made clear that he and his staff look forward to continuing to work together with their teams to achieve needed reform.
The President did not speak with Senator Flake, who is traveling, but he looks forward to discussing the issue with him in the near future.”
Related articles
Preview of President Obama’s immigration reform plan: nothing yet planned for STEM workers or Employment/Family Based Immigrants waiting in line
English: ‘USCIS To Issue Redesigned Green Card’ (Photo credit: Wikipedia)
USA Today’s preview of the President’s Comprehensive Immigration Reform (CIR) plan indicates that it presently includes proposals for increased border security funding, a reworking of the employment verification protocol and, most importantly, an eight year legalization path for undocumented immigrants along with criminal checks, exams and back taxes. Unfortunately, no word yet on relief for legal immigrants in the queue or STEM/Professional Workers.
Undocumented immigrants would wait eight (8) years to get a green card – the later of 1. eight years from the date the Immigration Reform passes or 2. until all legal immigrants currently waiting in line receive a green card (as the President had previously announced). This would essentially mean the maximum wait time would be eight years, as plenty of legal immigrants are currently waiting up to 24 years for a family based green card (F4 Preference: U.S. Citizen filing for a brother/sister born in the Philippines) or 11 years for an employment based green card (EB3 Preference – U.S. Employer filing for an Indian skilled/professional worker).
While no one begrudges relief for undocumented immigrants, Comprehensive Immigration Reform will not be “Comprehensive” unless additional visa numbers are added for the family and employment based immigrants waiting patiently in line.
Related articles
- President Obama’s immigration reform resembles Sen. Marco Rubio’s plan (miamiherald.com)
- Obama’s backup plan: Maximum 13-year wait for citizenship (news.yahoo.com)
The U.S. Immigration Law Blog by Ashwin Sharma 
Dept. of Labor indicates that “Unusually High Number of Cases Filed”: Issuing Generic LCA Certification Notices
http://www.ashwinsharma.com, VIA AILA.org
More indications of the impending avalanche of H-1B cases set to be filed for the quota which opens April 1, and of the problems caused by DOL’s iCERT website. According to AILA, The U.S. Department of Labor has been sending the following e-mail to many LCA submitters: “Due to an unusually high volume of submitted cases, one or more Labor Condition Application cases you submitted recently was certified but the courtesy email informing you of the certification was not generated. Please log into the iCERT Visa Portal System to review your recently submitted cases and retrieve the certification(s).”