U.S. Universities, Research Parks Hit Hard by Government Cap on H-1B Visas
RESTON, Va., May 2 /PRNewswire-USNewswire/ — The current U.S. cap on the number of skilled-worker visas (H-1
severely handicaps the ability of U.S. universities, science and technology-related companies and research facilities in their ongoing missions to develop new technologies, medicines and other innovative products that put the country on the leading edge of the global economy, according to the Association of University Research Parks (AURP).
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H-1B Master’s Cap Approaches Exhaustion (Numbers as of 04/21/2007)
H-1B Advanced Degree Exemption<O
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The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The H-1B Visa Reform Act of 2004 also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.<O></O>
| Cap | Beneficiaries Approved | Beneficiaries Pending Petitions Receipted | Beneficiaries Pending Petitions yet to be Receipted | Total | Date of Last Count |
H-1B (FY 08) | 58,200 1 | —— | —— | —— | Cap Reached | 4/2/2007 |
H-1B Advanced Degree Exemption (FY 08) | 20,000 | 7,339 | 7,801 | 3,509 | 18,649 | 4/21/2007 |
Cap Count for Non-Immigrant Worker Visas for Fiscal Year 2008 as of 04/19/2007
|
|
Cap |
Beneficiaries Approved |
Beneficiaries Pending Petitions Receipted |
Beneficiaries Pending Petitions yet to be Receipted |
Total |
Date of Last Count |
|
H-1B (FY 08) |
58,200 1 |
—— |
—— |
—— |
Cap Reached |
4/2/2007 |
|
H-1B Advanced Degree Exemption (FY 08) |
20,000 |
5,097 |
4,855 |
7,035 |
16,987 |
4/16/2007 |
USCIS RUNS RANDOM SELECTION PROCESS FOR H-1Bs
Revised Business Procedures Expedite Processing
FROM 04/13/2007
USCIS PRESS RELEASE
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that on April 12 it conducted the computer-generated random selection process to determine which H-1B petitions, subject to the congressionally mandated H-1B cap for fiscal year 2008 (FY 2008), would continue to final processing. USCIS completed this determination ahead of the preliminary schedule noted on April 3, when it announced it had received enough petitions to meet the cap for FY 2008.
The 123,480 cap-subject petitions received on April 2 and 3 were labeled with unique numerical identifiers and selected randomly by computer. The chosen numerical identifiers were then transmitted to the appropriate service center for further processing.
Applicants who submitted properly filed petitions that are accepted for adjudication will receive a receipt notice. All petitions not chosen will be returned with the fee(s) to the petitioner or their authorized representative. The total process is expected to take approximately four weeks.
For the cases initially filed for premium processing, the 15-day premium processing period begins on April 12, the day petitions were selected through the random selection process.
USCIS will provide additional updates as the processing of FY 2008 H-1B cap cases continues.
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 specialized fields, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security and the Department of Labor require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted. The Department of Labor’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
Update: Cap Subject H-1B Computerized Random Selection is being run on 04/12/2007
VIA AILA
USCIS Associate Director for Domestic Operations Michael Aytes informed members attending the AILA Texas Chapter Conference in Las Vegas that the H-1B random number generator is being run on April 12, 2007.
USCIS IMPOSES CONDITIONS ON AVAILABILITY OF PREMIUM PROCESSING FOR H-1B PETITIONS SUBJECT TO THE FY 2008 CAP
04/09/2007
VIA USCIS PRESS RELEASE
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that the 15-day premium processing period for petitions subject to the fiscal year 2008 (FY 2008) congressionally mandated H-1B cap will begin after the computer-generated random lottery has selected the petitions for processing. USCIS announced on April 3, 2007 that it had received enough H-1B petitions to meet the FY 2008 cap.
USCIS has determined that the large number of H-1B filings on April 2 and April 3 requires placing conditions on the availability of the premium processing service. The Agency’s ability to provide premium processing service to these petitions is affected by the fact that the cap was reached and exceeded the first day employers could file H-1B petitions.
8 CFR 103.2(f)(2) provides that USCIS may announce via its website any applicable conditions on the availability of the premium processing service for previously designated classifications, petitions or applications. By an interim rule published on May 23, 2006 at 71 FR 29571, USCIS announced that it would post any conditions imposed on the availability of premium processing necessary to ensure that the agency has the needed flexibility to handle situations affecting the ability to provide premium processing service. Like the scenario in the preamble that required imposing conditions on the availability of premium processing, USCIS must exercise its authority under 8 CFR 103.2(f)(2) as a result of current conditions.
On April 2 and 3, USCIS received 133,000 unique pieces of mail containing H-1B petitions. Each piece of mail may contain more than one H-1B petition. It will require substantial resources to open and sort through that volume of mail.
USCIS is prohibited by 8 CFR 214.2(h)(8) from adjudicating any cases that are subject to the FY 2008 cap until it conducts a computer-generated random lottery for cases received on April 2 and April 3. USCIS will reject with their fees all petitions not selected in the random selection process. As directed by the H-1B Visa Reform Act of 2004, the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees are exempt from any fiscal year cap on available H-1B visas. In the event that USCIS received more than 20,000 petitions that would qualify for this exemption on April 2 and April 3, USCIS must first conduct a computer-generated random lottery to select 20,000 filings for processing. Those filings not selected for processing are subject to the FY 2008 H-1B cap and must be considered in that random selection process as well. Because of that, USCIS must first determine whether the 20,000 cap exemption was met and/or exceeded prior to conducting the computer-generated random lottery and prior to processing any cases subject to the FY 2008 H-1B cap.
USCIS is not suspending or terminating the premium processing service for the H-1B classification. It has simply imposed a condition of availability of the premium processing service for cap-subject H-1B petitions. That condition is that the 15-day premium processing period will begin when the petition is selected for processing through the random selection process.
USCIS UPDATES COUNT OF FY 2008 H-1B CAP FILINGS
APRIL 10, 2007
VIA USCIS
PRESS RELEASE
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced an updated number of filings today as the counting of H-1B petitions received on April 2 and 3 continues. On April 3, USCIS announced that it had received enough petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008) and that it would conduct a computer-generated random selection of cap-subject petitions filed on Monday (April 2) and Tuesday (April 3) to determine which cases would be accepted for processing. As of April 9, USCIS has determined that approximately 119,193 of the H-1B petitions received on April 2 and 3 are subject to the FY 2008 congressionally mandated cap.
USCIS received on April 2 and 3 a total of approximately 12,989 cases requesting an exemption from the FY 2008 H-1B cap because they were filed on behalf of aliens holding a master’s degree or higher from a U.S. institution. USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that USCIS will continue to monitor these filings.
USCIS will provide regular updates as the processing of FY 2008 H-1B cap cases continues. 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. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
USCIS RELEASES PRELIMINARY NUMBER OF FY 2008 H-1B CAP FILINGS
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced a preliminary number of filings today as the tallying of H-1B petitions received on April 2 and April 3 continues. On April 3, USCIS announced that it had received enough petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008) and that it would conduct a computer-generated random selection of cap-subject petitions filed on Monday (April 2) and Tuesday (April 3) to determine which cases USCIS will accept for processing. During Monday and Tuesday, USCIS received 133,000 unique pieces of mail containing H-1B petitions. This is lower that the original USCIS estimate of 150,000. USCIS based the initial estimate on amounts from manifests received along with the mail. USCIS reached the updated number following a physical count of the mail. Each piece of mail may contain more than one H-1B petition. It will take USCIS a substantial amount of time to open and sort through that volume of mail. As of Wednesday, 28,052 of the cases sorted are H-1B petitions subject to FY 2008 congressionally mandated cap. Four thousand, seven hundred three (4,703) cases are exempt from the FY 2008 H-1B cap as employers filed those petitions for aliens holding a master’s degree or higher from a U.S. institution. USCIS will provide regular updates as the processing of FY 2008 H-1B cap cases continues.
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. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers
As The H-1B Visa Cap Filled In Record Time, Reform Is In The Air
By Marianne Kolbasuk McGee
InformationWeek
For both critics and supporters of the H-1B visa, two days last week
revealed everything you need to know about the foreign worker program,
one of the most controversial topics in business technology.
In the first two days that the U.S. government accepted
applications for H-1B work visas, 133,000 envelopes poured in with
applications seeking 65,000 openings. The crush was enough that U.S.
Citizenship and Immigration Services cut off new applications, certain
the envelopes it had–many with multiple applications–would fill the
slots. It’s the fastest the application period has ever closed. Last
year, the cap was met May 26, the year before that in August.
H-1B visa supporters see the overflow as reason to raise the cap so
businesses can get the talent they need from abroad. Critics see the
queue as a mockery of what the H-1B is supposed to be. Instead of a
ticket for the supertalented to work in the United States, the visas
are being hoovered up, often by offshore outsourcing
companies that want to train workers on U.S. business and technology
practices so they’ll be better workers when they head home.
Does H-1B surge mean cap should be raised? – Via CNet News
By Anne Broache
VIA CNET News
This week’s record-setting avalanche of applications for H-1B visas is
undeniable. Now in dispute: what caused it and what should happen next.
On Tuesday, the U.S. government announced that this year’s limit on
H-1B visas had already been reached after only one day, the first time
in history the annual cap had been reached so quickly. Since 1990,
American employers have relied on the visas to hire skilled foreign
workers for up to six years, often in computer- or engineering-related
jobs.
The reason for the surge matters: Congress is expected to hold
hearings on raising the limit later this year, and will surely question
why the quota was reached so instantly. Technology companies argue the
surge is further proof that the quota must be increased, while
opponents say there are enough Americans to do those jobs already.
High-tech companies say the visas are critical to filling voids in
their workforces and have been lobbying for Congress to raise the cap,
which currently stands at 65,000 (but climbs just above 100,000 when a
number of exemptions are taken into account). Critics say the program
has depressed U.S. wages and put qualified Americans out of jobs.
For lawyers who counsel clients on how to apply for H-1Bs, the record-high 150,000 applications reportedly received by U.S. Citizenship and Immigration Services
by Monday afternoon–the first day it began accepting them–was a
natural response to what they said is an ever-narrowing window in which
visas remain available.
What About Premium Processing H-1Bs? (Updated 4/4/07) – Via AILA
04/04/2007
VIA The American Immigration Lawyers Association (AILA)
Many AILA members report having received receipts
on their premium processing H-1B filings, and have raised the question
of how USCIS will handle premium processing filings in light of the
length of time it is likely to take USCIS to conduct its random
selection for the cap cases. It is highly unlikely that the selection
will be completed before the 15 days for premium processing has run,
and USCIS appears to understand that a premium processing filing cannot
receive an advantage over a regular filing by virtue of having been
filed premium. It should be noted that getting a receipt does not mean
that the case has been accepted for processing. It only means that the
case will be in the “lottery”.
AILA has raised this with USCIS, which is reviewing the issue.
The U.S. Immigration Law Blog by Ashwin Sharma 
Tucson Citizen Article – “Businesses can’t compete with low cap on H-1B visas”
04/25/2007
Via The Tucson Citizen
A thought provoking article describing the effects of such a low H-1B cap on businesses.