H-1B Lottery Complete

Posted on May 3, 2016 by Arjun Mishra

USCIS Announces H-1B Lottery Is Finished: 85,000 Cases Eligible for H-1B Visas Picked

USCIS announced yesterday that it is has completed the computer-generated lottery system it employs for selecting H-1B petitions. Accepted cases have been receipted, but USCIS mentions that not all cases have been returned – receipt or not. A petitioner will not know for sure whether the case was accepted or not for the lottery until it receives the receipt notice or the checks uncashed in the mail with the unselected petition.

Over 236,000 H-1B cap-subject petitions were filed in the first five business days in April, meaning that over 150,000 petitions will not even be considered for adjudication. Plenty of commentators have harked on Congress to increase the cap because the large volume of H-1B filings means that it is evident employers need this visa. Regardless, the cap has remained steadfast since 2003 and legislation proposing its increase has not made progress.

USCIS also announced that some cases will be transferred from the Vermont Service Center to the California Service Center for adjudication. Both service centers have been lagging behind their stated goal times for adjudications in adjudicating H-1B transfer and extension cases. USCIS did not announce when it expects regular processing cases to be adjudicated. It has announced that it will begin adjudicating premium processing cases on May 12.

H-1B Op-Ed in Pittsburgh

Posted on April 29, 2016 by Arjun Mishra

H-1B Visa Op-Ed in Pittsburgh Post-Gazette

Yesterday’s edition of the Pittsburgh Post-Gazette contained an important op-ed piece coauthored by regional leaders on the necessity of increasing the H-1B visa cap. The authors are Sandy K. Baruah and Joseph D. Roman and Dennis Yablonsky. Sandy K. Baruah is president and CEO of the Detroit Regional Chamber. Joseph D. Roman is president and CEO of the Greater Cleveland Partnership. Dennis Yablonsky is CEO of the Allegheny Conference on Community Development and its affiliate, the Greater Pittsburgh Chamber of Commerce. As regional business leaders focused on improving local economies, they forcefully argue that the visa cap is hampering local businesses from achieving their potentials.

They start by recapping the problem. Within the first five days of April (when H-1B petitions for Fiscal Year 2017 are accepted), over 230,000 H-1B applications were filed for 85,000 spots. An H-1B requires the professional occupation to be a specialty occupation and for the beneficiary to be trained in that specialty occupation, requiring the attainment of Bachelor’s or its equivalent. There are a myriad of other requirements necessary for an employer to win its H-1B case. The problem is that 2/3 of cases do not even become cases. They are summarily returned to the petitioning employer.

Here are some valuable quotes:

The Great Lakes region has an acute need for highly skilled domestic and international talent to continue the economic renaissance occurring across our states. This is one of the reasons that the Great Lakes Metro Chambers Coalition, a group of nearly 40 chambers of commerce covering 12 states in the Great Lakes region, considers reform of immigration for highly skilled workers a key policy goal. Our chambers, and the employers we represent, believe high-skilled immigration is a critical part of the solution to closing the skilled- worker gap.
Encouraging legal, high-skilled immigration is vital for growth and prosperity. Shifting demographics are depleting talent pools and jeopardizing economic competitiveness in many Great Lakes metro areas. The result: serious shortages in the replacement of advanced-manufacturing workers in the Great Lakes. Add to that, in 2015, Midwest states saw STEM job postings total more than 2.4 million, an increase of more than 50 percent from 2014. This growth is happening at a time when many of the Midwest states’ populations are stagnant and our K-12 educational systems are struggling to address STEM preparation. If the rebirth of manufacturing is to help restore the American middle class, an influx of talented, highly skilled professionals is needed. Raising the H-1B visa cap is a critical part of the solution.
According to the American Enterprise Institute, for every H-1B visa approved, 1.83 jobs are created for American workers. This number jumps to 2.62 jobs when looking at H-1B visa applicants with STEM degrees. Moreover, contrary to common beliefs, wages for American workers are not negatively impacted. In fact, as the Government Accountability Office has stated, STEM employment wages are growing much faster than the national average. And virtually all STEM fields have lower unemployment rates than the national average; many are at full employment or lower.

Premium Processing H-1B Begins 5/12

Posted on April 28, 2016 by Arjun Mishra

Premium Processing H-1B Petitions

USCIS has announced that it will begin adjudicating H-1B petitions that have been accepted through Premium Processing on May 12. Even though a receipt notice issued for the H-1B petition that was filed through premium processing may read another date (most likely an April date), USCIS is considering the 15 day period for premium processing to begin on May 12. Even if a petition is approved in May, the beneficiary of an approved H-1B through the cap-subject lottery is not allowed to begin working on H-1B status until October 1.

H-1B and L-1 Visas at the DMV

Posted on April 20, 2016 by Arjun Mishra

DMV and Lengthy Adjudication Issues for H-1B and L-1 Nonimmigrants

The USCIS Ombudsman held a teleconference on DMV issues for H-1B and L-1 visa holders in the United States who are in their 240 days of automatic employment authorization extension. This extension goes into effect if an extension petition is timely filed by the beneficiary’s petitioner and the beneficiary’s original expiration date has been reached. If an H-1B’s petition end date is September 30, 2016, the automatic 240 days of employment authorization go into effect on October 1, 2016, so that the beneficiary maintains her lawful presence while the extension petition is pending.

There are DMV issues because states act differently when it comes to issuing driver’s licenses during that period of employment authorization. The 240-day extension provides for lawful presence, but it does NOT provide for lawful status. The law that governs driver’s licenses emphasizes lawful status, not presence. This has caused problems for multitudes of H-1B and L-1 nonimmigrants, especially in recent months. Both the California and Vermont Service Centers are taking an uncharacteristically long time to adjudicate H-1B and L-1 extension petitions. Both service centers have a track record of spending around 2 months on adjudication, which is their goal. They are still adjudicating petitions from the summer of 2015. This is incredibly problematic for H-1B and L-1 visa holders and their employers. The earliest an extension petition can be filed is 180 days in advance. USCIS is taking longer than 180 days to adjudicate regularly filed petitions, so the 240-day extension goes into effect and the beneficiary loses lawful status. That can have ramifications, such as the loss of a driver’s license. That affects the beneficiary’s ability to drive to work and live life normally, if the state is unwilling to extend the driver’s license. Some states have taken a hybrid approach, granting a temporary driver’s privilege card while the 240-day extension is in effect.

The Ombudsman concluded that it was monitoring the situation. It has been known for months that USCIS is taking an unusually long time on adjudicating these petitions, much to the detriment of employers and employees. AILA has published a scathing letter critiquing the delays and lack of remediation. The lengthy delays are constructively forcing employers to pay $1,225 for premium processing, on top of the other fees that those petitions entail.

H-1B Lottery Done

Posted on April 14, 2016 by Arjun Mishra

USCIS Completes H-1B Lottery

USCIS has completed the H-1B lottery and receipt notices for cases selected in the lottery are in the mail. Those cases that are not selected will receive notices and returned checks later. The lottery is necessitated because of the 85,000 cap for H-1B visas per fiscal year (65,000 regular, 20,000 US Master’s). USCIS reports having received 236,000 H-1B visa petitions this year, meaning that 151,000 petitions will not be selected.

USCIS has announced that will begin adjudicating premium processing cases no later than May 16. Premium processing means that USCIS will render a decision within 15 days (for a fee of $1,225). The earliest start date for beneficiaries who are approved for an H-1B change of status or H-1B visa is October 1.

Cap exempt H-1B visas can be filed at any time of the year. Cap subject H-1B visas were only able to be filed between April 1 and April 7 because of the 85,000 visa cap. The cap has not been increased since 2003. The cap used to be at 195,000, but is now at one third that number.