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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Immigration rallies push for reform, but turnout is lower than massive protests in 2006
As expected, the immigration rallies underway have a substantially reduced turnout this year.
Immigration Groups Split on Boycott
04/24/2007
Via washingtonpost.com
The Associated Press reports that a lower turnout for Immigrant Rights Groups is expected this year.
Response to a recent blog comment
My response to a recent blog comment is below:
———–
Granting the illegal aliens and undocumented workers papers to stay is rewarding them for breaking our immigration law. Keeping them for cheap labor is false economy because they caused an enormous economic burden to the tax payers. Once they have papers to work and stay, they will demand the minimum wage or higher, and demand for any form of welfare services they can get.
– Anonymous
———-
I don’t believe it is possible to find hard evidence that proves that undocumented workers cause ‘an enormous economic burden’ to the US tax payer. Due to the emotional nature of the issue, and because there exist many unknown variables (the exact number of undocumented people in the US for example), burden/benefit estimates necessarily incorporate subjective presumptions. For example, I believe that the work that these workers do is in itself an enormous contribution to the American economy. In fact, several large American industries would collapse without these workers.
It is obvious that undocumented workers do not or cannot avail themselves of the substantial majority of benefits available for Americans. Furthermore, the costs of services that they may happen to utilize (school services for their children – who may well be US Citizens, ER rooms for traumatic injuries, etc) are exponentially outweighed both in numbers and proportion by US Citizens on welfare or other form of public assistance. Undocumented workers pay for their own food, clothing, rent, vehicles, gas, routine medical checkups and other services without the benefits of public assistance. Said money directly and indirectly benefits a large number of individuals/companies, most particularly the provider of the goods or services and the US economy in general (for example, the provider of the goods or services pays taxes on the income, jobs are created and maintained).
Finally, it is apparent that undocumented workers would be happy to pay more than their fair share of taxes/fees; even social security (to which they will likely never have access), if they were able to do so without fear. I am of the belief that the vast majority of undocumented individuals are motivated by a burning desire to create a better life for themselves and their family through honest and hard work – therefore I do not believe that they would, as you mentioned “demand…any form of welfare services that they can get”. There is no reason why they should not excel in the US if given an opportunity, perhaps in the form of a guest-worker status. The US economy and tax base would also stand to gain in the tens of billions every year. This fund could be used to help implement proper immigration policy/border policing & supplement Medicare and social security.
– Ashwin
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
The U.S. Immigration Law Blog by Ashwin Sharma 
Answering reader mail: INA Section 214(b) issues in applying for Visitor/Student visas
INA Section 214(b) issues in applying for Visitor/Student visas
Dear Ashwin,
I wanted to bring my brother over to the US for Diwali, and I sent an invitation letter, but the consulate in Chennai turned him away. What do the consular officers look for in these situations, and what should we watch out for the next time I try to get a visitor’s visa for brother or parents? When can I reapply for him?
Lakshmi
Dear Lakshmi,
Section 214(b) of the Immigration and Nationality Act (INA) states: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…” In short, this section of the INA presumes every applicant for a visa to America intends to eventually reside in America. It is the burden of each applicant to demonstrate that this is not the case – that they only intend to visit America for a short duration. In qualifying for B (Visitor) F (Student) or J (Exchange Visitor) visas, an applicant must demonstrate compliance with this section of the law. Most refusals concern the requirement that the applicant possess or maintain a residence abroad that he has no intention of abandoning. Applicants thereby demonstrate that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The INA places this burden of proof squarely on the applicant. (Note that these requirement do not apply to H or L Visa holders who may maintain ‘dual-intent’).
Consular officers have the last word in deciding who may enter the US and evaluate each applicant for a non-dual-intent visa (B, F, J among others) to determine whether the applicant has strong ties abroad. Some examples of ties can be a job, a house, a family, and a bank account. These ties bind you to your home country and demonstrate that you will return after your trip to America. Despite the fact that consular officers attempt to provide a case-specific evaluation, they have limited time allotted to each client. It is imperative that you have a well documented and organized petition which demonstrates the strength of your applicant’s case by providing evidence of the applicant’s strong ties. Unfortunately, as you can imagine, these requirements are somewhat harder to prove for younger applicants.
You should also attempt to provide documentation of why the visa applicant is coming to the United States. Temporary trips of a short duration (less than six months) for a specified period of time with a clearly defined start and end date (such as a marriage or graduation) are more likely to be approved. Remember that an invitation letter and evidence of funds of the American ‘sponsor’ are of limited benefit to the applicant – the consular officer is mainly concerned with the qualifications of the applicant themselves.
Your brother can attempt to enter the US again since a denial under section 214(b) is not permanent, however, the more times an individual is turned down the harder it becomes to become eligible for subsequent approvals. The consular officer will only reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant’s situation must have substantially changed since the last application. Demonstration of strong ties is still key.