H-1B Cap To be Met Soon – December 2009

As of December 15th, the United States Citizenship and Immigration Services (USCIS) has announced that approximately 64,200 H-1B cap-subject petitions had been filed. This is 1300 cases more than the count from December 11th. With only 800 remaining to reach the Cap of 65,000 and given the recent surge in H-1B applications, it is expected that the cap will be met before or by end of the month.

USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.  USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H-1B Update (Nov. 2009)

As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. The United States Citizenship and Immigration Services (USCIS) has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

FY 2010 H-1B (November 2009)

As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. The U.S. Citizenship and Immigration Services (USCIS) has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

FY 2010 H-1B Update (November 2009)

The U.S. Citizenship and Immigration Services  (USCIS ) in its most recent updated count as of November 3, 2009, stated that as of October 25, 2009, approximately 52,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

FY 2010 H-1B Update (October 1, 2009)

The U.S. Citizenship and Immigration Services  (USCIS ) in its most recent updated count as of October 1, 2009, stated that as of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H-1B September 2009 Update

In the H-1B count released by the U.S. Citizenship and Immigration Service (USCIS) the H-1B cap subject petitions count was 46,000 as of September 18, 2009 and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS has warned that it will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing was discovered.  So, if multiple petitions are discovered by the USCIS, it will retain all fees and either deny the petitions or, if the petition was approved, USCIS has the right to revoke the petition.

H-1B Cap Update

In the most recent numbers released by the U.S. Citizenship and Immigration Service (USCIS) the H-1B cap count is 45,100 which is an increase of 100 cases from the prior count of 45,000.The United States Citizenship and Immigration Services (USCIS) will continue to accept both regular and advanced-degree cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Considering the large number of H-1b visas still available under the cap, it is predicted that H-1B visas will continue to be available for at least for the next couple of months. However, given the increased number of RFEs this year, it is recommended that employers filing H-1B Petitions be extra cautious and provide substantial paperwork, such as sufficient proof of your in-house requirements, letters from end-clients showing work contracts, and confirmation of work-order placements, in order to avoid RFEs.

We will continue to keep you abreast of the latest H-1B count as it becomes available and our office would be happy to advice and help with H-1B petitions.

H-1B Visa Cap Update for FY 2010

In real contrast to past several years, this year the H-1B visa program is unlikely to reach its cap of 65,000 before the start of the 2010 fiscal year with still nearly 20,000 H-1B application vacancies remaining.

As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.  The United States Citizenship and Immigration Services (USCIS) will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

The reasons for the slow H-1B application season this year is no doubt, primarily, the economic downturn, but also, certain provisions in the stimulus package that prevent hiring foreign workers by companies receiving federal aid money. Yet another factor has been a higher number of rejections of H-1B petitions this year and greater scrutiny of the H-1B applications by the USCIS.

Did You Know You Could be Randomly Audited by USCIS Site Visit Assessors if you are an H-1B Visa Employer?

In an effort to increase its anti-fraud enforcement efforts, the United States Citizenship and Immigration Services (USCIS) has been sending out its assessors to make “surprise audit visits” to the the U.S. work sites of companies that sponsor  H-1B and L-1 visa-holders. The USCIS assessors/auditors visit the workplace with a checklist of questions to confirm identity of the employer who sponsored the visa beneficiary and to verify that both the employer and the employee are in compliance with the regulations and conditions of the visa.

A USCIS spokesperson confirmed that the agency has begun conducting random on-site inspections as part of the expansion of its Administrative Site Visit and Verification Program, which was launched at the beginning of this fiscal year.

What is concerning is that the USCIS, unlike the Department of Labor, lacks any statutory authority to investigate an employers’ compliance to the sponsored visa obligations by entering an employer’s workplace. Although, employers’ co-operation to the site visit assessors is not obligatory, but, the point is,  not many employers are  aware of this.

While putting an end to abuses of the visa programs is important and crucial, a random audit by an agency, that is not authorized to do so by a statute, seems unfair and an arbitrary tactic that may backfire on the USCIS.

Microsoft Chairman: Stricter US Immigration Policies may be an Impediment to Economic Growth

In a speech this week to the Transforming India through Technology conference in New Delhi, India, Microsoft Chairman, Bill Gates, suggested that if tougher U.S. immigration laws are implemented it would be a great mistake.

Gates, who has been vocal against tougher immigration laws, urged that a free exchange of talent was important for the US economy and that the US Government should make immigration exceptions for “smart people”.

See article in Computer World