H-1B Visa Article

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H-1B Visa from Houston

H-1B VisaThe Houston Chronicle published an article on H-1B visas, angling with the usual focus on Silicon Valley but also adding a focus on Houston. It notes that Houston is a city with many businesses relying on the H-1B visa, which allows skilled foreign national workers to work in the United States with a sponsoring employer for a maximum of two 3 year periods.

The article’s focus (outside the geographic locations) is on the number available. It recites the history of the H-1B visa: Congress set a cap of 65,000 in 1990 and added 20,000 visas with a specific Master’s and above category in the United States. There is an unfortunate conflation with the H-1B visa as the sole work visa program, as there are plenty of other employment-based visas in the United States: E, L, O, P. Regardless, the article’s concentration on the H-1B visa situation highlights the geographic and wider country limits on the visa and how certain employers are lobbying for more availability. The cap has not always remained stagnant. There was a period of increasing availability that ended in 2004. (the article omits this).

The practical implications of the low supply of H-1B visas versus the high demand is that applicants are subject to a lottery. Rather than being adjudicated on the merits, the application must first be selected to be adjudicated. Last year, there were 250,000 applications vying for adjudication. All H-1B visa applications must be submitted within a specific timeframe and the visa, if approved, begins on October 1. There are exceptions, as there are certain H-1B visas that are “cap-exempt.”

Immigration Reform in the News

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immigration reformImmigration Reform in the News

Immigration reform has probably fizzled out as a possibility, despite looking imminent in 2012 and reaching a crescendo in 2013 with major legislative movement. Here are some recent quotes from Congresspersons on the possibility of immigration reform.

Marco Rubio, Florida Senator and Candidate for President

John McCain, Arizona Senator

Paul Ryan, Speaker of the House

The protections that Marco Rubio mentions are part of the deferred action program (DACA), which has been in effect since June 15, 2012. Mr. Rubio has flatly stated the that DACA program needs to end. An executive action in November 2014 attempted to expand DACA and add relief for parents of Americans (DAPA). The expanded version of it and DAPA were struck down by a federal judge in Texas in February. The US Court of Appeals for the Fifth Circuit has not yet ruled on the matter.

Resources for Immigrants

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Welcome to the United States – Resources for Immigrants

Resources for ImmigrantsUSCIS has released some resources to help immigrants adjusting to their new lives in the United States. The guides are considered comprehensive with practical information. They are available for free here and are available in 14 different languages.

There are also a handful of links available for learning English. The resources contain videos and activities that improve speaking, grammar, reading, and all aspects of language learning.

House Members Request Visa Bulletin Information

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House Democrats Seek Information on Visa Bulletin Revision

Last week, a small contingent of US House of Representatives Democrats requested Department of Homeland Secretary Jeh Johnson and Department of State Secretary John Kerry to release information on the number of individuals harmed by the revision to the October Visa Bulletin and plans to provide relief for those individuals. The original October Visa Bulletin had modernized the visa system by showing both priority and filing dates to expedite the process and be more efficient with visa availability.

The letter has the following to say about the Revised Bulletin:

We have heard estimates that the revised Bulletin would decrease the number of immigrants eligible for filing by 80% to 95% from the number projected to be eligible under the original Bulletin filing dates. If true, the revision would effectively reverse the progress made toward the Administraton’s goals to reform our visa system.

As for a solution:

We strongly urge that the Department of Homeland Security implement regulatory changes that would benefit high-skilled workers waiting in the United States for immigrant visa numbers. Specifically, we are referring to 1) providing beneficiaries of an approved employment-based petition (Form I-140), and their derivative dependents, employment authorization; and 2) amending the regulations so that such petitions will remain valid in cases where the beneficiary has a new job that is in the same or similar classification as the job for which the petition was filed.

The revision to the October Visa Bulletin dashed the hopes of thousands of eligible applicants for Green Cards. This was labeled as #Visagate2015. Many of these hopeful applicants had been waiting for years for their priority dates to become current. Potential applicants under the Children Status Protection Act and Employment Based 2 and 3 categories Indian and Chinese nationals are among the most affected. A lawsuit has been filed, but the attempt to compel an injunction to undo the revision did not succeed.

O Is for Extraordinary

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O Is for Extraordinary

One of the purposes of the US immigration system is to attract the best, brightest, and most talented foreign nationals to ply their professional trade in the United States. It also tries to make the process as smooth as possible for these individuals. The O Visa encapsulates those ideas, providing up to three years of work authorization for extraordinary individuals. The visa is versatile. The NBA (National Basketball Association) tips off this week, the NHL (National Hockey League) dropped the pick this month, the MLB (Major League Baseball) is in full swing with the World Series, and MLS (Major League Soccer) kicks off its playoffs this week. The O Visa can be used for professional athletes. Artists of all kinds of eligible, a definition that can be expanded to include such professions as sommelier and chef. Scientists, doctors, and businesspeople are other common professions that utilize the O Visa.

 

The visa is meant for the extraordinary individuals in a field, which is adjudicated by USCIS through the fulfillment of criteria. It cannot be petitioned for individually, meaning there must be a sponsoring employer. The employer should have some sort of itinerary or contract to show that the foreign national will be needed for the amount of time requested on the visa (there are renewal options). The visa usually requires a letter from the appropriate labor organization or trade union in the profession, attesting that there is no objection to the foreign national obtaining the visa. The visa’s viability is contingent upon the beneficiary’s continued employment with the petitioner. A benefit to the visa is that it is usually adjudicated in a short amount of time. A drawback is that it does not allow for work authorization for the spouse of the principal O Visa holder, though it does allow for enrolling in classes.