As of April 27th, the USCIS announced that only 45,000 cases seeking an H-1b for FY 2010 had been filed.
Archive for April, 2009
Plenty of H-1b cap numbers still available
Tuesday, April 28th, 2009The End of H-1b visas for consulting/staffing cos. ?
Monday, April 27th, 2009Senate bill 887 proposed by Senators Grassley and Durbin, contains provisions that if enacted would eliminate the use of H-1b visas for any staffing or consulting company. Essentially, the bill would prohibit the placement of H-1b workers at any third party work-sites unless a waiver was first obtained and a waiver would not be available for any placements that would be considered as, labor for hire. Further the bill would prohibit the supervision of the H-1b worker by the end client. These provisions would essentially eliminate the use of H-1b visas for computer and engineering consulting companies, healthcare staffing companies, and others. For many years the esteemed Senators have sought ways to completely eliminate the H-1b category and with the current economic climate, they are seizing on the opportunity.
Not Able To Find Your Case Number On the USCIS Case Status System?
Thursday, April 23rd, 2009We have just learned that there is a problem with the interface tool for the USCIS “Case Status Online” system which has caused delays in entry of receipt numbers into the system and updates of case statuses. This is a recurring problem that the USCIS is working on to fix, but has not given a time estimate of when it will be corrected. We will keep you posted if we hear further on this issue.
USCIS Updates Count of Cap Filings
Monday, April 20th, 2009The USCIS has updated the number of cap subject petitions it has received. The USCIS has received approximately 44,000 H-1B cap petitions. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for the Master’s cap.
For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.
Stay tuned for further updates.
I-129 Data Collection form with TARP Question — not so “recommended”
Friday, April 10th, 2009I suppose the trade-off for not reaching the H-1B cap and having to spend time sorting and running a lottery is that USCIS has more time on their hands to issue RFEs. As many of you may know, just before April 1st of this year, USCIS revised the I-129 Data Collection Supplement to include a question about whether the Petitioner/Employer received TARP funding and was therefore subject to the Employ American Workers Act signed by President Obama on Feb. 17, 2009. The Service’s press release stated that the new form would not be required, however, at least the Vermont Service Center’s Premium Processing Unit has started to issue RFEs for the new version of the form in H-1B cap cases (only page 13 with the TARP box checked). The memo also states that the new form with TARP question does not apply if the employee is already working for the company in another authorized work status (i.e. OPT).
If this is any indication of how USCIS is spending their time, I think we should all be prepared for a rough processing season with many more needless RFEs to come!
2010 Cap Not Yet Reached!
Wednesday, April 8th, 2009USCIS released the following statement today:
USCIS Update
April 8, 2009
USCIS Continues to Accept FY 2010 H-1B Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.
Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met. The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked. The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.
To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.
Petitions filed on behalf of current H-1B workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.
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.
– USCIS –
Another big fine for H-1b wage violations! Cognizant fined $509,000.
Friday, April 3rd, 2009TradingMarkets.com is reporting that Cognizant has been fined $509,000.00 for H-1b based wage violations. this just goes to underscore how critical it is that H-1b employers understand and abide by the wage obligations of the H-1b program.
When will the cap hit?
Wednesday, April 1st, 2009eweek has an article which argues that in spite of the recession H-1b demand will still be strong. We all expect the cap to be hit, it’s just a question of when. The article quotes the National Foundation for American Policy for the idea that it will hit before the beginning of the new fiscal year. They should have also added that the sun is expected to rise tomorrow.