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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.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 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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.

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

To Naturalize or Not to Naturalize?

This article provides basic information about the Naturalization process. Whether to naturalize or not is an intensely personal one with many important considerations. For many naturalization is an emotional decision — for some the summit of a successful immigration process and for some the end of the last formal bond with their country of origin.  There are also many practical considerations.  Naturalization may limit ability to own property in their home land and yet others may risk deportation from the United States as result of a naturalization application. The decision, therefore, to acquire naturalization by choice requires careful analysis and consideration and you may want to discuss naturalization with an experienced attorney who can help you decide if naturalization is right for you, and, if necessary, successfully help you through the process.

What is Naturalization?

Naturalization is a process which a lawful permanent resident (a “green card holder”) in the United States is granted US Citizenship and this process culminates into adopting a new homeland and renunciation of your original citizenship.

Who can naturalize?

A person who has become a lawful permanent resident (a “green card” holder) in the United States, and is over 18 years of age, seeking to become a United States citizen can naturalize.  The process is started by filing form N-400.

Whether to Naturalize?

First, assess your own circumstances, and consider whether becoming a US Citizen makes sense and whether it will provide you advantages.  Common privileges include visa-free travel to many countries, including Canada, minor children deriving US Citizenship through you if you naturalize, being able to vote for government officials, right to sit on the jury, rights to sponsor relatives for permanent residence, the ability to apply for federal jobs, and the entitlement to full protection of the US laws. The potential disadvantages are loss of other citizenship(s), and restrictions regarding ownership of property in one’s home country,

Second, research your home country’s citizenship laws to find out whether dual citizenship is allowed or whether it will cause you to lose your current nationality. For instance, India does not allow dual citizenship and you will have to have your Indian passport cancelled after you acquire US citizenship.  You may, however, choose to acquire the  Overseas Citizenship of India (OCI) card or the Persons of Indian Origin (PIO) card that allows certain privileges, including visa-free travel to India, and exemption from registration with local police authority, to name a few.

Basic Requirements for Naturalization:

a. Residence requirement:

In order to apply for naturalization, you normally must have resided in the United States as a legal permanent resident for five year s and have been under the jurisdiction of the USCIS director or state where you file the petition for at least 3 months.  You can apply within 3 years for naturalization if your spouse has been a United States citizen for the last three years, and you lived with your spouse during that time.   Naturalization applications can be sent in up to 90 days before the three or five year mark is reached.  The two primary residence requirements can be very complicated depending on evaluation of your residence in the naturalization context.

b. Good moral character:

To qualify for naturalization, all applicants must demonstrate their good moral character during the three or five year period of residence required for your application. Some of the bars to good moral character, include, criminal convictions, trafficking in controlled substances, false testimony to USCIS, failure to pay child support, failure to pay income tax, fraudulent use of public benefits, etc.

c. Speaking, Reading and Writing English:

Applicants must speak, read, and write English.  Typically during naturalization interviews, an applicant is required to understand the questions asked by USCIS examiner and converse with the examiner, as well as, be able to write out a sentence and read a paragraph.  There are certain exceptions for applicants over fifty years of age or for those who cannot comply due to a physical, developmental, or mental disability.

d. US History and Government Test:

All applicants must demonstrate knowledge of the fundamentals of United States  history and government. The recently revised test places an emphasis on the fundamental concepts of American democracy and the rights and responsibilities of citizenship. For a list of 100 test questions see: http://tinyurl.com/57sarh. If an applicant does not pass at the initial interview, the officer will schedule a second interview within 90 days.

Reproduced from the Indian Society of Worcester’s newsletter where the article written by our attorney , Hanishi T. Ali, was oringally published: http://www.iswonline.org/eSandesh/CommunityOrgs.htm

Update on New H-1B Count

On May 18th the U.S. Citizenship and Immigration Services updated its count of H-1B petitions received and counted towards the H-1B cap on its website.

As of May 18, 2009, approximately 45,500 H-1B cap-subject petitions had been received. The agency continues to accept petitions subject to the general cap. Also, it has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept advanced degree petitions, stating that experience has shown that not all petitions received are approvable.

H-1B Visas for FY 2010 will not run out anytime soon – 20,000 visas still available

U.S. Citizenship and Immigration Services (USCIS) updated its count on May 11th on the number of filings for H-1B petitions for the fiscal year 2010 program and the count has remained the same as its May 5th update so that there are still 20,000 H-1B visas available.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. As of May 11, 2009, approximately 45,000 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 visas are unlikely to run out any time soon and given the slow pace of petitions filed, it is guesstimated that the H-1B visas may well be available until August/ September 2009.

Not too late to file for an H-1B visa – 20,000 H-1B Visas Still Available!

U.S. Citizenship and Immigration Services (USCIS) updated its count on May 5th on the number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, they continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

With 20,000 slots still remaining, it is not too late for employers to file H-1B petitions. Also, a particularly opportune time for students that will be graduating this summer and for students on OPT that are still looking for jobs and employers to petition for an H-1B visa.

It May Not be Too Late to File for an H-1B — the H-1B Cap Not Yet Met for Fiscal Year 2010!

April 1, 2009, U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B petitions for employers to hire foreign workers in “specialty occupations”, for Fiscal Year 2010, which starts Oct. 1.

USCIS in its most recent update of April 20, 2009, confirmed that the H-1B Cap for FY 2010 has not been reached yet with fewer than predicted H-1B petitions filed this year by employers.

Although the economic downturn was forecasted to weaken the demand for H-1B employees, most immigration attorneys, myself included, are surprised that over three weeks into the new H-1B season and USCIS is still accepting H-1B petitions and the cap of 65,000 visas has not been met.

This is the first year in many years that the H-1B cap has not been reached within days of the April 1^st date. Two years ago, USCIS received more than 130,000 petitions in two days before the agency stopped accepting them. Last year, USCIS stopped accepting petitions within a week

As of the date of writing this article, the USCIS has announced that it had received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap and 20,000 petitions towards the 20,000 advanced-degree exemption cap. The USCIS, however, has announced that it will continue to accept advanced degree petitions since not all petitions received are approvable.

USCIS says it will continue to monitor the number of H-1B petitions received and will issue a notice when it reaches the 65,000 regular cap and the 20,000 advanced-degree exemption cap.

If and when USCIS hits the H-1B cap, petitions received on that final receipt date could be subject to a computerized random selection. If for instance USCIS receives 20 petitions, but can accept only 10 to reach the cap, those 10 will be randomly selected.

This scenario presents a unique opportunity for employers who chose not to file H-1B petitions earlier for otherwise eligible workers due to the potential non-selection of an H-1B petition in the anticipated lottery. It is not too late to file for an H-1B petition, as there is availability as of the date of writing the article, under the regular cap, as well as a window of opportunity under the U.S. master’s cap.