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.
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).”
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)
Information on the New Provisional (Stateside) Unlawful Presence Waiver Process
VIA USCIS.gov
Beginning March 4, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers through a new process. Read More…
AILA’s Immigration Quicktake: House Judiciary Subcommittee Hearing on High-Skilled Immigration
American Immigration Lawyers Association: Immigration Quicktake: House Judiciary Subcommittee Hearing on High-Skilled Immigration
Fox News Poll indicates that 72% of registered voters Favor Allowing Undocumented Immigrants to Remain in the Country and Eventually Qualifying for U.S. citizenship, as long as Certain Conditions Met
English: Number of self-identified Democrats vs. self-identified Republicans, per state, according to Gallup, January-June 2010 http://www.gallup.com/poll/141548/States-Competitive-Terms-Party-Identification.aspx. 18 point Democratic advantage 10-17 point Democratic advantage 3-9 point Democratic advantage 2 point Democratic advantage through 2 point Republican advantage 3-9 point Republican advantage 10-17 point Republican advantage 18+ point Republican advantage (Photo credit: Wikipedia)
A recent poll by Fox News indicates that 72% of registered voters “favor allowing illegal immigrants to remain in the country and eventually qualify for U.S. citizenship, as long as they meet certain requirements like paying back taxes, learning English, and passing a background check”. This figure included 82% of Democrats, 63% of Republicans and 70% of Independents polled.
Related articles
Cato Institute Study: Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens
Cato Institute (Photo credit: Wikipedia)
Cato Institute’s new report entitled, “Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native Born Citizens” has concluded that low income immigrants utilize public benefits at lower rates than their American born counterparts. The study also indicates that the cost of this lower level of utilization and benefits to immigrants means that it costs less to provide public benefits to “non-citizen immigrants and most naturalized immigrants” is lower than for those born in America.
Related articles
- The Myth that Immigrants Drain Social Welfare Programs (txwclp.org)
- Cato immigration expert refutes popular reasons against immigration reform (redalertpolitics.com)
- Mexican Immigrants are a Bargain for the Welfare State (reason.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”
The U.S. Immigration Law Blog by Ashwin Sharma 
NBC Newswire and The Associated Press joins Reuters in reporting on possibility that the entire year’s H-1B Work Visa Quota could be exhausted in a week
Steve Jobs and Bill Gates at the fifth D: All Things Digital conference (D5) in 2007 (Photo credit: Wikipedia)
NBC Newswire and The Associated Press have added to yesterday’s Reuter’s article, for which I was interviewed, reporting on the possibility that the entire year’s national quota of H-1B Professional Work Visas could be used up in as little as a week’s time. The article discusses the recent Republican led attempt to reform immigration for highly skilled workers through the failed STEM Jobs Act, and makes the point that such an obvious demand for skilled workers sends a clear signal that the U.S. economic collapse is over and that Congressional overhaul of the H-1B should be part of any Comprehensive Immigration Reform legislation. Congress would do wise to listen to the likes of more than 100 top tech leaders including Mark Zuckerberg, Bill Gates and even the late Steve Jobs, all of whom were proponents of increasing limits on Professional Work visas.
Related articles