With the recent announcement from the USCIS that 56,900 H-1b cases have been counted against the FY 2010 cap, there has been wide speculation about when the cap will actually be reached. Will it be a Hanukkah or Christmas present or will we get to ring in a new year with filings still to be done ? There has also been some recent news reports that state the actual cap is 58,200 due to the set-aside of 6,800 visas for the H-1b1 which are Free Trade Act visas issued to natioanls of Chile and Singapore. Those reports fail to take into consideration that unused numbers from the H-1b1 “spill-over” into the next fiscal year. Consequently, the calculation is actually 65,000 minus 6,800 plus the balance of the 6,800 from the prior fiscal year equals the actual cap. Although the numbers of unused H-1b1 visas has not been disclosed, the information that has been released indicates very light usage of the H-1b1 visa in FY 2009 and estimates are that in excess of 6,000 H-1ba visas remained which brings us right back to where we started i.e. 65,000. Breathe a sigh of relief here but, do not delay as the cap will likely be reached very soon.
Is the H-1b cap 65,000 or 58,200 ?
December 1st, 2009USCIS Programs Extended Through 2012
November 25th, 2009The USCIS announced that through the President’s signing of the Department of Homeland Security (DHS) Appropriations Act of 2010 on October 28, 2009, the following USCIS programs have been extended until September 30, 2012:
- E-Verify
- Immigrant Investor (EB-5) Pilot Program
- special immigrant visa category for non-minister religious workers
- date by which J-1 nonimmigrant exchange visitors must obtain status in order to qualify for the “Conrad 30″ program.
For more information about each of these contact your HLG attorney or see the USCIS announcement here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89accbf177225210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
ICE Announces 1000 Audits
November 20th, 2009“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business’ connection to public safety and national security-for example, privately owned critical infrastructure and key resources. The names and locations of the businesses will not be released at this time due to the ongoing, law enforcement sensitive nature of these audits.
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
H-1B case to the Supreme Court
November 20th, 2009Despite losing in two lower courts, a group of tech workers are bringing their case to the US Supreme Court asking for a reverse in the federal decision that extended foreign students visas from one year to 29 months. The Programmers Guild, the American Engineering Association, Inc., the Bright Future Jobs lobbying group, and a number of individuals have brought their case to the Supreme Court asking the court to decide “whether American science, technology, engineering and mathematics workers can challenge changes to U.S. Department of Homeland Security regulations, which allow aliens in those fields to work in the United States for an extended period of time after graduation as ‘foreign students.’” The group is basically challenging the passing of the STEM Optional Practical Training (OPT) extension provision passed in 2008. Both the US District Court in New Jersey and the US Court of Appeals in Philadelphia ruled against the tech workers stating that the workers had no standing to bring the case as they were not directly affected by the decision to extend student’s OPT period. In its ruling, the Philadelphia court stated “the plaintiffs have failed to allege facts establishing that their injuries are ‘concrete and particularized’ or ‘actual or imminent’ rather than ‘conjectureal or hypothetical.”
http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024
International Students benefit US Economy by $17.6 Billion
November 19th, 2009New data from NAFSA: Association of International Educators states that international students benefit the U.S. economy by spending $17.6 Billion annually. Based on data from the 2008-2009 year, the report shows that students do much more than bring talented ideas to the U.S. The economic impact of hosting foreign scholars is immense!
http://www.nafsa.org/publicpolicy/default.aspx?id=17174
In a similar report, the Institute of International Education reported in it’s 2009 Open Doors report that enrollment in American education is at an all time high:
“I am delighted to see the large increase in the number of international students who are choosing to study in the United States,” said Judith A. McHale, Under Secretary of State for Public Diplomacy and Public Affairs. “The all-time high number of international students who studied here in the 2008/09 academic year testifies to the quality and diversity for which American higher education is known around the world. The Department of State actively promotes the benefits of an American education.
IIE also collects data on the top sending countries around the world. Interested in their “Top 10 List”?
Rank
Place of Origin
1
India
2
China
3
South Korea
4
Canada
5
Japan
6
Taiwan
7
Mexico
8
Turkey
9
Vietnam
10
Saudi Arabia
For more information, please visit: http://www.opendoors.iienetwork.org/
Latest H-1B Cap Count
November 18th, 2009USCIS announced that, as of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. 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.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60aRCRD
25000 H-1B Investigations Planned
November 18th, 2009Computerworld is reporting that US immigration officials are planning on conducting 25,000 on-site inspections of companies hiring foreign workers over this fiscal year. This plan marks a five-fold increase in the number of inspections conducted from last fiscal year, when the agency conducted only 5,191 site visits. This increase in inspections is indicative of the agency’s commitment to tougher enforcement, particularly after the release of an agency study last year that found one in five H-1B applications containing fraud and other violations. In a letter to Senator Grassley, USCIS director Mayorkas writes, “[The inspection program determines] whether the location of employment actually exists and if a beneficiary is employed at the location specified, performing the duties as described, and paid the salary as identified in the petition.” As part of their increased enforcement effort, Mayorkas said that the agency has hired Dun and Bradstreet Inc. to act as “an independent information provider,” and to help verify information submitted by H-1B petitioning companies. Overall, we at HLG have seen a marked increase in the number of site visits by USCIS representatives. This articles seems to indicate this trend is likely to continue. For full article see: http://www.computerworld.com/s/article/9141047/Feds_plan_25_000_on_site_H_1B_inspections?taxonomyId=19
USCIS may raise fees
November 17th, 2009An article published in the Houston Chronicle quotes USCIS Director, Alejandro Mayorkas, saying that fee increases are “probable” in 2010 due to a steep drop off in revenue last year.
The agency also is reviewing possible cost-cutting measures, including layoffs, Mayorkas said, adding that those, too, would be considered a last resort. “Our overhead, our costs, need to be reduced,” he said. “There exists the possibility that we may have to seek a fee increase. We’re considering all the options.”
“We are very mindful of the fact that two years ago, fees were increased dramatically,” Mayorkas said, adding that he is aware that the fees can be “difficult to bear” for many immigration applicants. Mayorkas added that since the last fee hike was implemented, the agency significantly reduced application processing times, a frequent point of criticism. The agency is now processing naturalization applications within five months nationally.
To review the article, please visit http://www.chron.com/disp/story.mpl/special/immigration/6719789.html.
Napolitano’s First Speech on Immigration Reform
November 16th, 2009Department of Homeland Security Secretary Janet Napolitano made her first speech on immigration reform to the Center for American Progress (CAP) on November 13th. In this speech, the Secretary not only expressed support for a comprehensive overhaul of our immigration systems, she emphasized that it was imperative for the security of the United States. She remarked, “at the Department of Homeland Security, we need reform to do our job of enforcing the law and keeping our country secure. Over the past ten months, we’ve worked to improve immigration enforcement and border security within the current legal framework. But the more work we do, the more it becomes clear that the laws themselves need to be reformed.” This stance is a dramatic shift for the DHS that used to look at reform solely through a national security lens to now looking at reform by capitalizing on our history as a nation of immigrants. Secretary Napolitano commented on the increased participation in the immigration debate across the American public, “We are seeing more business leaders and more labor leaders engage in this debate in a constructive way than we have ever seen before. These constituencies have all arrived at the same conclusion that prevails among the American people: this is a problem that needs to be fixed- and the best way to ensure that we can uphold our laws is to make sure our laws are rational and enforceable.”
http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm
Will Resignation of Lou Dobbs help CIR?
November 12th, 2009For many years, conservative broadcaster, Lou Dobbs, has been an outspoken opponent on many immigration issues facing the U.S. It has been well publicized that as of Wed., November 11 — he was resigning his position in order to pursue “constructive problem solving” as an advocate and journalist.
What will this mean for Comprehensive Immigration Reform? Pro-immigration groups are celebrating the possibilities…
Will it mean less incendiary rhetoric based on an alarmist political platform? Will it foster an actual serious debate about the changing dynamics of the melting pot that is the United States? If CIR is to succeed, it must take in the rational view points and well-supported arguments put forth by both liberals and conservatives. Let’s hope that with less lip service, we may actually be able to hear each other at lobbying tables and in the halls of Congress.
http://www.cnn.com/2009/US/11/11/lou.dobbs.leaving/index.html#cnnSTCText