Companies move high-end jobs offshore to access talent
| Via RP news wires | |
|
Companies And even though companies continue to The 2006 Duke CIBER/Booz Allen offshoring study Key findings of the study include:
|
|
AILA-SCOPS Update on Chile-Singapore Leftover H-1Bs
VIA AILA
10/25/2006
USCIS advised AILA’s Service Center Operations
(SCOPS) Liaison Committee on the processing of the remaining 89 H-1B
cap subject cases that were not selected as part of the random number
generator on 5/26/06 as follows:
- A letter will be issued to each petitioner/attorney notifying them
that their case will be processed if they submit the appropriate fees. - The letter will include instructions on mailing the fees to a dedicated mailing address.
- The deadline to respond to the letter will be November 14, 2006.
- Those that have not responded by November 14, 2006, will be
contacted by the Vermont Service Center (VSC) via e-mail or phone to
determine whether they are interested in pursuing the petition. - A dedicated e-mail address will be set up for any filing questions
pertaining to these cases. This e-mail account will be monitored
through the deadline date.
AILA-SCOPS Liaison has requested further clarification on this and will post further information as it becomes available.
Foreign alums cope with visa troubles – Via The Yale Daily News
Via The Yale Daily News
After
studying at Yale for four years, Semih Salihoglu ’06 was ready to
continue his life in the United States as a software engineer for
Google in New York City.
A Turkish citizen, Salihoglu was a computer science and
economics double major and holder of the highest grade-point average in
Silliman College after seven terms – an ideal candidate for many jobs
in the United States. But his plans were disrupted when he was denied
the necessary visa for employment for foreign workers with the
equivalent of a bachelor’s degree or higher, the H-1B.
“It was shocking because no one thought there was any risk in not getting an H-1B visa,” Salihoglu said.
Salihoglu is one of many foreign graduating seniors who were
unable to obtain H-1B visas this year due to increasing demand. Months
later, they continue to deal with the ramifications of the visa
shortage, and pending immigration legislation may or may not raise the
visa cap for the coming fiscal year.
Diploma in Hand, But Visa in Limbo – Via The Harvard Crimson
Via The Harvard Crimson
Seniors are waiting to hear if they’ve been hired for lucrative jobs on
Wall Street and in Silicon Valley, but international students are
waiting to hear if they’ll even be allowed to hold jobs in the country.
Harvard’s late graduation date—and an unusually high volume of
visa applications—could put some seniors’ and recent graduates’ jobs in
jeopardy.
And with immigration reform efforts stalled on Capitol Hill, relief may be a long time coming.
Some international students in the Class of 2006 were unable to
apply for the H-1B visas required to seek employment in the United
States because they did not receive the necessary proof of graduation
until after the visa quota was filled.
Previously, the annual quota had not filled up until long
after Harvard’s June Commencement ceremonies—students in the class of
2005 faced a deadline of Aug. 10.
But last year, U.S. Citizen and Immigration Services (USCIS),
the federal agency that adjudicates visa petitions, announced that the
quota was filled on May 26—the same day finals period ended. That left
some graduating seniors without long-term employment permits.
Newspaper Articles on H-1Bs and Labor Certifications in Rural States like Maine
Via The Portland Press Herald Maine Sunday Telegram Online
Comprehensive and interesting article regarding some old loopholes (closed with the new PERM labor certification system) and containing a Department of Labor perspective. Report summarizes with the usual negative slant against the H-1B visa and labor certification program.
Here’s another one which focuses on LCA’s for H-1B workers.
When reading these articles, it is important to keep the H-1B program in perspective; an excerpt from the latter article:
contentions that American workers are hurt by the influx of skilled
immigrants, said Jeff Lande, senior vice president at the Information
Technology Association of America.
America,” said Lande. “We’re talking about a (H1B visa) cap of 65,000 a
year, maybe 20,000 of whom are technology workers. You’re barely
talking about a drop in the bucket spread out across the country. Any
complaints about this program having a serious impact on U.S. labor are
comical.” “
House Judiciary Committee Approves Physicians for Underserved Areas Act
Via AILA
10/04/2006
The House Judiciary Committee, on 9/27/06, amended and passed the
Physicians for Underserved Areas Act (H.R. 4997), legislation that
would reauthorize the J-1 visa waiver program for two years. The waiver
program permits foreign-born doctors to remain in the U.S. and receive
a waiver of the foreign country residence requirement if they spend
three years working in geographic areas where a shortage of doctors
exists. As introduced, the bill would have made the waiver program
permanent. However, prior to reporting out the measure, lawmakers
approved an amendment by Rep. John Hostettler (R-IN) that changed the
language making the program permanent to language reauthorizing the
program for two years only.
Rethinking the Effects of Immigration on Wages
A crucial question in the current debate over immigration is what
impact immigrants have on the wages of native-born workers. At first
glance, it might seem that the simple economics of supply and demand
provides the answer: immigrants increase the supply of labor; hence
they should decrease the wages of native workers. However, the reality
is more complicated than this.
The latest study published by the Immigration Policy Center
addresses this issue. The study, authored by Giovanni Peri, Associate
Professor of Economics at the University of California, Davis, and a
Faculty Research Fellow at the National Bureau of Economic Research in
Cambridge, Massachusetts, is entitled <!–
D(["mb",""Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004." In the study, Professor Peri argues that the widespread notion that immigrants decrease native wages is a misconception, complicated by two reasons that too often are overlooked. First, immigrants and natives, with different skills and education levels, do not compete with each other for the same jobs, but actually complement each other performing interdependent jobs, thereby increasing the wages and productivity of natives. Second, evidence shows that new workers added to the labor force stimulate investment by entrepreneurs. When these two factors are included in the analysis of immigration and wages, it becomes clear that immigration has a positive effect on the wages of most native-born workers.
\n \n\n
For a detailed analysis of Professor Peri\’s findings, read the full report here. \n\n
Take Action
Hold Members of Congress Accountable at Town Hall Meetings
\n\nIncumbent Candidates are back in their home districts making the most of the pre-election season. Many are hosting Town Hall meetings. This is a good way for them to get out and talk to their constituents and "take the pulse" of the communities they represent in Congress. It is also a great opportunity for AILA members to educate and inform Senators, Representatives, and other meeting attendees about the need for comprehensive immigration reform, H-1B relief, and other key AILA concerns. Consider attending a Town Hall meeting with your AILA colleagues to show collective support for your shared ideals. Generating a large and well-informed crowd at a public meeting is an extremely effective way to elicit the views of your Member of Congress and to share your perspective. Use AILA\’s “,1]
);
//–>“Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004.”
In the study, Professor Peri argues that the widespread notion that
immigrants decrease native wages is a misconception, complicated by two
reasons that too often are overlooked. First, immigrants and natives,
with different skills and education levels, do not compete with each
other for the same jobs, but actually complement each other performing
interdependent jobs, thereby increasing the wages and productivity of
natives. Second, evidence shows that new workers added to the labor
force stimulate investment by entrepreneurs. When these two factors are
included in the analysis of immigration and wages, it becomes clear
that immigration has a positive effect on the wages of most native-born
workers.
For a detailed analysis of Professor Peri’s findings, read the full report here.
Temporary Skilled Workers Enrich America’ s Competitive Edge
Via AILA
09/27/2006
The
recent debate over immigration policy commonly depicts immigrants as
undocumented, uneducated people who flood our borders without
inspection. Although many immigrants who enter this country are
unskilled laborers who provide essential services in many sectors of
our economy, of equal importance to the immigration debate are the
highly educated foreign professionals whose skills play a vital role in
the enrichment of our economy. These foreign born workers bring unique
perspectives and expertise that are essential to maintaining America’s
competitive edge as the leader of the global marketplace.
The United States economy has shifted significantly over the past
fifty years. We are no longer the blue collar nation that we once were.
The transformation of our economy from a manufacturing economy to a
knowledge-based economy has created a growing demand for highly skilled
technical workers. This demand has been accompanied by a decline in the
number of native-born students seeking degrees in the fields of
science, engineering and technology. Our prestigious graduate
institutions currently train more foreign nationals than U.S. citizens
in these important fields. These U.S trained specialists, both native
and foreign-born, cannot fill the demand for highly-skilled workers in
key occupations. U.S. businesses must be able to recruit and hire
additional foreign-born professionals to alleviate temporary labor
shortages in specific occupations.
To keep America competitive, we must increase the number of
specialized worker visas awarded. H-1B visas, or temporary skilled
worker visas, are currently capped at only 65,000 annually. Yet in
recent years, this “cap” is reached in a couple of months and U.S.
businesses are barred from hiring foreign-born professionals for the
remainder of the fiscal year. In order to increase the number of highly
skilled professionals in this country, we must reform the employment
based immigration system and provide a sufficient amount of avenues
through which U.S. businesses can legally employ specialized workers.
At the same time, we must increase recruitment and training of U.S.
students as well – in order to accelerate this process, a hefty portion
of the processing fees for the H visas are directed to the education
and training of U.S. students in science and technology.
It is important that skilled workers are not overlooked in the
current debate regarding comprehensive immigration reform. Raising the
H-1B visa cap is vital to maintaining our leadership in the world
market. We must retain the educated professionals whom we have trained
internally in order to benefit from the unique skills that they
possess. By sending the best and the brightest workers back to their
respective countries, we only create competition for ourselves, thereby
diminishing America’s economic clout. By retaining foreign nationals,
we may ensure that U.S. businesses have the most highly qualified
workers in their fields, helping America maintain its edge in an
increasingly competitive global economy. the most highly qualified
workers in their fields, guaranteeing maximum success and economic
prosperity.
USCIS to Expand Premium Processing Service / Premium Processing Information
Via USCIS
09/22/2006
WASHINGTON, D.C. – U.S. Citizenship and Immigration Services (USCIS) announced today the addition of three new categories to the Premium Processing Service, which allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.
Starting on September 25, 2006, USCIS will begin accepting Premium Processing requests for
Form I-140, Immigrant Petition for Alien Worker, involving the following immigrant visa categories:
• EB-1, outstanding professors and researchers,
• EB-2, members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, and
• EB-3, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training or experience.
Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.
Since 2001, Premium Processing Service has been available for several classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing non-agricultural services, H-3 Trainees, L Intracompany Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, and Q international Cultural Exchange Visitors, R Religious Workers and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa has been reached.)
Also, since August 28, USCIS began accepting Premium Processing Service requests for petitions involving two other immigrant visa categories, the EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both of these immigrant visa categories using the Immigrant Petition for Alien Worker (Form I-140) as well.
——————————-
The processing period that is used to determine whether or not USCIS
meets the 15 calendar day period will begin when the current version of
Form I-907
is received by USCIS at the correct filing address noted on the form.
Within the 15 day calendar period USCIS will issue an approval notice,
or where appropriate, a notice of intent to deny, a request for
evidence or open an investigation for fraud or misrepresentation. If
the notice requires the submission of additional evidence or of a
response to intent to deny, a new 15 calendar day period will begin
upon the delivery to USCIS of a complete response to the request for
evidence or notice of intent to deny.
Who is eligible?
The chart below sets forth the forms, designated classifications
within each form type, and current availability and termination dates
for premium processing service.
|
Form I-129, Petition for Nonimmigrant Worker |
|||
|
Designated Classification Within Form I-129 |
Corresponding Nonimmigrant Visa Classification |
* Availability Date |
** Termination Date |
|
Treaty Trader |
E-1 |
June 1, 2001 |
|
|
Treaty Investor |
E-2 |
June 1, 2001 |
|
|
Alien in Specialty Occupation |
H-1B CAP |
July 30, 2001 |
May 26, 2006 (FY 07) August 10, 2005 (FY 06) |
|
Alien in Specialty Occupation, Advanced Degree Exception (Masters or Higher) |
H-1B CAP |
July 30, 2001 |
July 26, 2006 (FY 07) January 17, 2006 (FY 06) |
|
Alien in Specialty Occupation |
H-1B NON-CAP |
July 30, 2001 |
|
|
Temporary Worker performing nonagricultural services |
H-2B CAP |
June 1, 2001 |
December 15 2005 (1 st half) April 4, 2006 (2 nd half) April 4, 2006 (annual FY 06) |
|
Temporary Worker performing nonagricultural services |
H-2B NON CAP |
June 1, 2001 |
|
|
Trainee |
H-3 |
June 1, 2001 |
|
|
Intracompany Transferee, Executive or Manager Capacity |
L-1A |
June 1, 2001 |
|
|
Intracompany Transferee, Specialized Knowledge Professional |
L-1B |
June 1, 2001 |
|
|
Petitioners
that meet requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations |
L-BLANKET
|
June 1, 2001
|
|
|
Aliens of extraordinary ability or achievements in the sciences, arts, education, business, or athletics
|
O-1
|
June 1, 2001
|
|
|
Aliens providing essential support services for a principal O-1 alien
|
O-2
|
June 1, 2001
|
|
|
Internationally recognized athlete or member of an internationally recognized entertainment group
|
P-1
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-1 alien |
P-1S
|
June 1, 2001
|
|
|
Artist or Entertainer under a Reciprocal Exchange Program
|
P-2
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-2 alien |
P-2S
|
June 1, 2001
|
|
|
Artist or Entertainer in a Culturally Unique Program
|
P-3
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-3 alien |
P-3S
|
June 1, 2001
|
|
|
International cultural exchange aliens
|
Q-1
|
June 1, 2001
|
|
|
Alien in a Religious occupation
|
R-1
|
July 30, 2001
|
|
|
NAFTA professional, Canada
|
TN1-CANADA
|
July 30, 2001
|
|
|
NAFTA professional, Mexico
|
TN2-MEXICO
|
July 30, 2001
|
|
* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.
** The termination date reflects
the last day that USCIS accepted filings requesting that specific
classification. If a date is entered in this column, that
classification is currently ineligible for filing because of cap
restrictions or other processing restrictions.
For additional information relating to the current cap count for Non-Immigrant Worker Visas, refer to: http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
|
Form I-140, Immigrant Petition for Alien Worker |
|||
|
Designated Classification Within Form I-140 |
Corresponding Employment-Based Visa Classification
|
Availability Date |
Termination Date |
|
Aliens of extraordinary ability
|
EB-1 |
Not Yet Available |
|
|
Outstanding professors and researchers
|
EB-1 |
September 25, 2006 |
|
|
Multinational executives and managers
|
EB-1 |
Not Yet Available |
|
|
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver
|
EB-2 |
September 25, 2006 |
|
|
Skilled workers***
|
EB-3 |
August 28, 2006 |
|
|
Professionals***
|
EB-3 |
August 28, 2006 |
|
|
Workers other than skilled workers and professionals
|
EB-3 |
September 25, 2006 |
|
|
*** (if designated as available, please also see section on additional conditions placed on Premium Processing Availability) |
|||
May the beneficiary of a visa petition seek Premium Processing Service?
No, except
in cases where the petition is eligible to be filed as a self-petition
(i.e., the petitioner and the beneficiary are the same). Otherwise,
only the visa petitioner, or the attorney or representative who has
filed a notice of appearance (Form G-28)
on behalf of the visa petitioner, may request Premium Processing
Service for designated visa petition adjudications. The petitioner,
attorney or representative, or beneficiary may pay the $1,000 Premium
Processing fee, but the beneficiary cannot sign or file the Form I-907.
How do I verify that I am using the current version of the form?
Check the
USCIS website at the Forms and Fees webpage for the most up-to-date
information as well as the most current version of Form I-907 which is
available for download at http://www.uscis.gov/graphics/formsfee/forms/i-907.htm.
If you are already in possession of a Form I-907, please use this
webpage, Forms and Fees, to verify that your version of Form I-907 is
still current. This can be done by comparing the Forms and Fees webpage
which includes the “edition” date that USCIS is currently accepting and
the edition date on your Form I-907. The edition date, which is
referenced as (Rev. xx/xx/xx) is located in the lower right corner on
every page of the form and instructions. If the edition date on your
Form I-907 matches the date or dates, if applicable, on the Forms and
Fees webpage, your version of Form I-907 is current and will be
accepted by USCIS. If there is a designation “N” shown after the
edition date on the Forms and Fees webpage, please note that USCIS will
not accept any other editions of the form.
How do I file a request for Premium Processing Service?
You must
complete and sign Form I-907, Request for Premium Processing Service,
in accordance with the instructions on the current version of the form.
You must file the concurrently filed Form I-907 with Form I-129 or Form
I-140 at the Service Center designated as the appropriate filing
location on the instructions to the Form I-907. If you filed Form I-129
or the Form I-140 and you now wish to request Premium Processing
Service, file Form I-907 with the Service Center where the Form I-129
or Form I-140 is currently pending. Submit a copy of the Form I-129 or
Form I-140 filing receipt. If you received a transfer notice, it is very important
that you include a copy of it and that you submit your filing to the
transfer location. If a petitioner or applicant erroneously filed a
concurrent or standalone Form I-907 at the wrong service center, USCIS
will not reject the filing, but instead will forward the filing to the
correct service center having jurisdiction over the petition or
application. For an incorrectly filed Form I-907, the 15 calendar day
period will start on the date the file is received at the correct
service center as indicated in the Form I-907 filing instructions.
Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
Yes. This
will accord USCIS the flexibility to adapt to contingencies affecting
its ability to provide Premium Processing Service. Premium Processing
Service is available for the Form I-140 classifications indicated on
the chart above provided that the case does not involve:
- A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
- Labor Certification substitution requests, unless the original
labor certification is submitted with the Form I-140 requesting the
substitution; and - Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
USCIS is
prescribing these additional conditions of availability on Premium
Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.
What is the fee for this service?
The fee for this service is $1,000. The Premium Processing Service fee
may not be waived. In addition to the Premium Processing Service fee,
all other filing fees relating to the specific form(s) for which you
are requesting Premium Processing Service must also be submitted. The
Premium Processing Service fee must be submitted in a separate
check or money order. The petitioner, attorney or representative, or
beneficiary may pay the $1,000 Premium Processing Service fee, but the
beneficiary cannot sign or file the Form I-907. If e-filed, USCIS
accepts credit card, debit card, or electronic transfer of funds from a
checking or savings account from a U.S. bank.
Are there any additional benefits to the program?
Yes. USCIS has provided not only a unique mailing address for its
Premium Processing Service customers, but it has also established a
special phone number and e-mail address for each of the Service
Centers. These special communication channels will be available only to
Premium Processing Service customers.
USCIS is also collecting, on the Form I-907, your phone number, fax
number and e-mail address so that we can send you (the petitioner or
attorney) an automatic e-mail notifying you of the receipt of your Form
I-907, Request For Premium Processing Service. If the underlying form
for which you requested Premium Processing Service is approved, we will
send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.
In addition and at no additional cost, USCIS will strive to provide
faster processing of Form I-539 applications filed by or on behalf of
dependents of the principal beneficiary of a petition for which Premium
Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
Does this program have any effect on the USCIS’ previous expedite practices?
Yes. The discretionary expedite requests will no longer be available
for those classifications designated as eligible for Premium Processing
Service; however, petitioners designated as not-for-profit entities by
the Internal Revenue Service may continue requesting discretionary
expedited service as they have in the past or they may choose to pay
the Premium Processing fee and utilize that service. If the criteria
for a discretionary expedite are not met, the not-for-profit petitioner
still has the option of requesting of Premium Processing upgrade by
filing Form I-907 with fee.
How will the USCIS manage those categories that have an annual limit in relation to this faster processing?
USCIS
does not believe that individuals who pay for Premium Processing
Service on petitions filed for nonimmigrant classifications that are
subject to annual limitations will have an unfair access to these
limited immigration programs.
For cap-subject H-1B and H-2B petitions, USCIS will apply a random
selection process to all petitions (whether or not Premium Processing
Service is requested) received on the date when a sufficient number of
petitions have been received to reach the applicable numerical limit
(“final receipt date”). Petitions that are accepted through this random
selection process are adjudicated to completion. For H-1B cases, USCIS
will return the fees to the petitioner and hold the cases that were filed ON the cut-off day
but were not selected in the random process. This way, if USCIS does
not use all of the projected H-1B1 Singapore/Chile cap cases (which
count towards the H-1B cap), additional H-1B cap cases will be taken in
order from the list of cases that were held. Those petitioners will
then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.
Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day
are rejected along with the fees. Unlike the H-1B cap cases, there is
no need to hold the H-2B cap cases that were not selected because there
are no special provisions that apply to the H-2B cap cases like there
are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.
In order to ensure equitable access to other cap-subject nonimmigrant
classifications to which USCIS does not currently apply a random
selection process, USCIS will temporarily terminate the availability of
Premium Processing when it becomes clear that the demand will exceed
the annual numerical limitation (e.g., when the USCIS has a pending
volume of petitions sufficient to reach the limitation). This
termination of procedure will ensure that all petitioners have
equitable access to these limited immigration programs.
Can
I contact a USCIS Service Center if I have not filed a request for
Premium Processing Service yet but have questions about the program?
No, you
cannot contact the Service Centers directly unless you have already
filed Form I-907, Request for Premium Processing Service, for the
underlying Form I-129 or Form I-140. The Premium Processing toll-free
phone number and e-mail addresses listed on Form I-907 are dedicated
only to customers who have already submitted a request for Premium
Processing Service. If you have not requested Premium Processing
Service, you can call the Customer Service toll free phone number at
(800) 375-5283 for general information about the program.
How do I contact the Service Center concerning the Premium Processing request that I filed?
The
unique mailing address for each of the Service Centers is listed on the
instructions to the Form I-907. Additional contact information for each
Service Center will be provided to you on your receipt notice and will
also be provided on this Website.
If you have already filed a Request for Premium Processing Service
and you need to contact the Service Center, call the Premium Processing
Toll Free phone number at 1-866-315-5718. You will need to have your
receipt number when you call, because this phone number is only for
inquiries relating to Premium Processing Service.
Dealing with a dearth of H-1B visa slots
Via The Star-Telegram
By MARK G. HEESEN and STUART ANDERSON
Special to the Star-Telegram
A focus on illegal immigration has overshadowed the need to reform
America’s system for skilled immigrants. Sen. John Cornyn, R-Texas,
will oversee a field hearing Thursday at the University of Texas at
Dallas that may start to correct this problem.
Because Congress has failed to allocate enough H-1B visas, U.S.
employers often must wait more than a year to hire a skilled foreign
national. In nine of the past 11 years, employers used up the entire
H-1B quota before the fiscal year ended; in the past three years,
employers exhausted the quota before the fiscal year started.
H-1B visas are essential — there is no other way to hire an
outstanding international student off a U.S. campus, or a
researcher/professional from abroad. The wait is five years or more in
the skilled green-card categories (for permanent residence) because
Congress also has failed to raise those quotas.
Companies employ many outstanding Americans, but to compete
globally, U.S. firms also must hire top talent without regard to place
of birth. Current visa limits have caused U.S. companies to hire and
place more personnel outside the U.S.
Ill-conceived immigration policies may discourage students from
coming to America to start a career. In fact, first-time science and
engineering graduate enrollment for international students declined for
the third year in a row in 2004, according to the National Science
Foundation.
In 2005, U.S. universities awarded 55 percent of master’s degrees
and 67 percent of Ph.D.s in electrical engineering to foreign
nationals. Simply put, when U.S. companies recruit off college
campuses, they find many of the potential new hires to be foreign
nationals.
Under the law, U.S. employers must pay foreign nationals hired on
H-1B visas as much as similar American professionals. Moreover,
companies typically pay $6,000 in various legal and government fees,
which have funded more than 40,000 scholarships for U.S. college
students in science and engineering, according to research by the
National Foundation for American Policy.
Cornyn’s bill (S 2691), which was included as part of the Senate’s
broader immigration bill passed in May, would largely solve the key
problems facing skilled immigrants and innovative American employers.
It would raise the annual cap on H-1B visas from 65,000 to 115,000,
provide for market-based increases in future years and add broader
exemptions for those with advanced degrees. In addition, recognizing
that it makes no sense to train and educate people and then ask them to
leave the country, the bill makes it easier for international students
to transition to work and provide an increase in green cards so that
highly skilled individuals could stay, innovate and prosper in America.
Group Claims Discrimination, Targets Employers Recruiting H-1B Workers
Via ERE.net
As special interests pressure the U.S. Senate to lift the cap on H-1B
visas, a computer programmer advocacy group is filing complaints with
the U.S. Department of Justice against more than 300 IT services
employers whose ‘Help Wanted’ ads it believes discriminate against
American citizens, denying workers here equal access to U.S. jobs.
The U.S. Immigration Law Blog by Ashwin Sharma 
A Few [More] Thoughts on Jobs and Immigration
Via SeattlePI
By Bill Center
Traveled to Vancouver, BC this week for a leadership conference hosted by the Greater Seattle Chamber of Commerce. The conference took a comprehensive, future-oriented look at human capital in the Puget Sound region.
The clear consensus was we have a lot of work to do. There is
already a serious mismatch between job openings/requirements and
available workers/skills. It is projected to get worse.
Demographers forecast a SHORTAGE – that’s right, I said a shortage –
of as many as 10 million workers in the U.S. economy by 2010 as baby
boomers leave the workforce. Despite this shortage unemployment could
hover at 5% – 6% because of the skills mismatch between new jobs and
available workers.
The solutions are pretty obvious.
We must educate our workers for the jobs of the future. We need more
scientists, engineers, computer programmers and researchers – and more
of them with advanced degrees. Clearly, that is a long-term answer, and
we have been slow to react to that requirement even though we’ve seen
it coming for years.
Failing to grow our own talent, we can compete in the global
marketplace for the best and brightest from outside the region. We’ve
done pretty well at that. The quality of life here in the Pacific
Northwest is a big draw.
It’s one thing to import talent from Cal Tech and MIT. It’s something else entirely to import workers from India or China.
So what’s the difference? … About five-to-ten years and $50-$60,000.
Bringing a worker to Seattle from Boston or LA is relatively easy. A
visit to the area, a signing bonus and relocation expenses usually do
the trick.
the same highly skilled, highly educated worker from overseas may
require the same visit and bonus package. It will also require an H1B
visa and work permit, assuming the hiring firm can even obtain one of
the limited number of H1B quota slots.
One speaker at the conference detailed the time consuming,
expensive, arbitrary process of bringing these highly sought after
immigrants to our shores. He saw this as limiting our region’s economic
growth. Another questioner suggested that importing talent was limiting
opportunities for American workers. A lot of people see it that way.
This is one case where I think the macroeconomic factors carry the day.
First of all, we cannot fix the education system overnight. In my
view, we have yet to really embark on that process. If we fail to
provide the needed workers, the jobs will eventually leave … to Boston,
Silicon Valley, the Research Triangle or Bangalore.
More importantly these highly educated, highly skilled workers will
not only fill jobs, they will create them. These knowledge workers will
invent, incubate and launch new firms, businesses and jobs we want
located right here in Puget Sound.
So if we cannot bring enough talented immigrants from offshore to
meet requirements, eventually firms will have no choice but to set up
business where the work can be done. We will be the big losers. We will
lose twice … losing not only the jobs sent offshore but all the jobs
that would have been created by the talented people we imported.
Congress should lift the cap on H1B visas.
Immigration is not the only solution. We still have to fix the education system. Perhaps the immigrants can help us with that.