USCIS Reaches FY 2010 H-1B Cap
WASHINGTON—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) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. 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. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.
USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
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 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States.
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.
H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.
Last updated:12/22/2009
Secretary Janet Napolitano Testifies Before Congress
December 9, 2009
Judiciary Committee held an oversight hearing with Department of
Homeland Security (DHS) Secretary Janet Napolitano. The Secretary’s opening statement
reiterated her view that immigration enforcement is a necessity, but
that enforcement alone is not a solution for our broken immigration
system. Secretary Napolitano noted,
“We can no longer perpetuate a status quo that is unacceptable for
workers, employers, law enforcement, faith leaders, and America as a
whole. We must seize this moment to build a truly effective immigration
system that deters illegal immigration, provides effective and enduring
enforcement tools, protects workers from exploitation and retaliation,
and creates a tough but fair path to legalization for the millions of
illegal immigrants already here.”
legalization as part of a comprehensive approach to immigration reform,
some lawmakers, commentators, and activists are calling for a
continuation of the same enforcement-only approach to unauthorized
immigration that has failed to work for two decades. In the fanciful
view of enforcement-only advocates, forcing 12 million unauthorized
men, women, and children out of the country is not only practical, but
would somehow benefit the U.S. economy. In reality, though, an
intensification of the enforcement-only approach to unauthorized
immigration would be enormously expensive and would remove productive
workers, consumers, and taxpayers from the economy in the middle of a
recession. One study,
for instance, estimates that removing all undocumented immigrants from
the country would result in the loss of roughly 2.8 million jobs and a
decline in the Gross Domestic Product of $245 billion. This is not
exactly a recipe for economic recovery.
opponents are looking backwards to tired old tactics that haven’t
worked,” said Mary Giovagnoli, Director of the Immigration Policy
Center. “She is drawing upon her experience to move forward, but that
entails a shift in thinking and comprehensive immigration reform. We
can all agree that the current system isn’t working, but some offer
solutions while others offer the same old ideas.”
to our broken immigration system that looks to the future, rather than
clinging to the failed enforcement-only strategy of the past. Not only
does comprehensive reform represent a practical and humane way of
dealing with the large unauthorized population in our country, but it
would boost our economy
as well. Rather than scapegoating immigrants for our current economic
woes, we should acknowledge their economic contributions and their
potential to help rebuild our economy.
H-1B bill unlikely to come up in Congress, says Nasscom
Via Livemint.com
More than 18,000 H-1B visas are still available
According to the latest figure update by US Citizenship and Immigration Services (USCIS), approximately 46,700 of the H-1B visas in the general category were filled up by September 25; against a Congressional mandated figure of 65,000.
Thus, more than 18,000 H-1B visas are still to be filled up, even as the financial year began today.
Primarily meant for professionals from computers and information technology sectors, the H-1B visas have been one of the most sought after visas for foreign professionals in previous years. The US Citizenship and immigration Service (USCIS) have been receiving several times the number of the allocated quota.
However, this is for the first time in several years that thousands of H-1B visas are still to be filled up even at the start of the financial year.
This is unlike the previous years when the entire 65,000 visas were grabbed on day one. Many a times, the USCIS had to resort to a computerised lottery to determine the successful candidates.
Texas Public Policy Foundation Paper: “The Burden of Immigration Laws on Business”
President Obama advises USCIS to prepare for possible legalization legislation in 2010
VIA The New York Times
Letter From Senator Grassley to Director Mayorkas on H-1B Program
Senator Grassley corresponds with USCIS Director Mayorkas regarding fraud in the H-1B program. Issues such as the benefits fraud assessment and potential anti-fraud initiatives are suggested.
Immigration Attorney Ashwin Sharma now on Twitter
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Information Regarding Application Support Center Appointment Rescheduling – July 6 – 10, 2009
USCIS Updates FY 2010 H-1B Count (Updated 6/3/09)
USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
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been granted Temporary Protected Status (TPS);
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a pending application for adjustment of status to lawful permanent resident;
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a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
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a pending asylum application; or
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a pending application for legalization.
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document. For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.
The U.S. Immigration Law Blog by Ashwin Sharma 
Roy Germano’s New Documentary: “The Other Side of Immigration”