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Currently, the H-1B Scholarship and Training Fee is $750 for H-1B employers with 25 or less full time employees and $1,500 for more than 25 full time employees. The Sanders Amendment passed May 24, 2007 will raise the fees to $5,000 (and we believe $2,500 from the $750 fee). Some non-profit and other organizations do not have to pay this fee. Otherwise, the employer must pay this fee and can not seek reimbursement from the H-1B beneficiary under any circumstances. The Law Office of Susan Pai strongly disagrees with any interpretation of the regulations allowing for a non-employer third party to pay this fee. Clients of the Law Office of Susan Pai are advised a violation of this rule may render both the employee and employer in violation of the law with probable negative ramifications for future immigrant applications. With the passage of the Sanders Amendment, a likely increase in fraud as a result, and a three to five-fold increase in USCIS enforcement efforts, every applicant and beneficiary should proceed under the assumption their case will be audited.
USCIS announced on May 4, 2007 that it has received enough H-1B petitions requesting exemptions from the fiscal year 2008 (FY 2008) H-1B cap for “foreign workers who have earned a master's degree or higher from a U.S. institution of higher education” to meet the congressionally mandated exemption limit of 20,000. USCIS has determined that the final receipt date for these exempt H-1B petitions is April 30, 2007. USCIS will reject petitions requesting a FY 2008 H-1B cap for workers with a master's or higher degree earned from a U.S. institution of higher education that are received on or after May 1, 2007 unless the petition is otherwise eligible for a separate cap exemption. Update: Per a May 8, 2007 clarification (AILA Infonet Document 07050866) H-1B Master's Degree applications received on May 1, 2007 or later will be returned with fees even if a receipt notice has already issued.
USCIS will subject H-1B petitions received on the April 30 that request an exemption from the H-1B cap based on the worker holding a U.S. Master's or higher degree to a computer generated random selection process. USCIS will reject those filings not randomly selected and return them along with the filing fee(s) unless another basis for an H-1B cap exemption exists.
WASHINGTON, DC, April 3 - Illustrating the inadequacy of the quota for specialized H-1B workers, USCIS announced today that it received more applications than the 65,000 limit on April 2. April 2 was the first day on which an employer could request a first-time visa for an H-1B worker for the period that begins on October 1, 2007. Agency rules state that if the limit is reached on the first day of filing, all applications received on the first two days are put into a lottery to determine who gets the relatively few visas that are available.
In the fiscal year now in effect, the supply of such visas lasted less than eight weeks after the filing period opened. For the fiscal year that starts October 1, 2007, the supply did not last through even the first day. "Every year, the application window becomes shorter and shorter, to the point that it is now practically non-existent," said Carlina Tapia-Ruano, President of the American Immigration Lawyers Association. "These high-skilled workers help to keep our system dynamic, and many sectors of the economy will suffer from this shortage."
The H-1B visa program is utilized by U.S. businesses and other organizations to augment the existing labor force with foreign workers in specialty occupations that require expertise in a specialized field. Typical H-1B occupations include scientists, architects, engineers, computer programmers, teachers, accountants, and doctors. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years.
"This absurd situation illustrates the disconnect between current immigration policy and the needs of our economy," concluded Tapia-Ruano. "The best way to resolve this crisis is for Congress to pass a comprehensive immigration reform measure as soon as possible."
AILA InfoNet Doc. No. 07040372 (posted Apr. 3, 2007).
Note re August 2007 Visa Bulletin
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are “Unavailable” for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is the July 2007 Visa Bulletin for Real???
Miraculously, all categories of EB-1, EB-2, and EB-3 are listed as CURRENT. We are cautiously optimistic...
"All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India , but also possibly for Mexico and Philippines . Severe cut-off date retrogressions are likely to occur early in FY-2008."
Comprehensive Immigration Reform Fails to Reach Consensus in the Senate:
April 2007. Is the EB-3 Jump Real???
It appears this is genuine as it has been published by the USCIS and republished by AILA. It's too early to tell but keep in mind that this indicates only that the June 2005 applications are being worked on at the present time. No telling how many total applications are being worked on (i.e., a larger date range of applications). We'll keep you posted.
All | CHINA- mainland born | INDIA | MEXICO | PHILIP-PINES | |
| Employ-ment -Based | |||||
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN06 | 01APR04 | C | C |
| 3rd | 01JUN05 | 01JUN03 | 01JUN03 | 01JUN03 | 01JUN05 |
| Other Workers | 01OCT01 | 01OCT01 | 01OCT01 | 01OCT01 | 01OCT01 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| Iraqi & Afghani Translators | 18SEP06 | 18SEP06 | 18SEP06 | 18SEP06 | 18SEP06 |
| 5th | C | C | C | C | C |
| Targeted Employ-ment Areas/ Regional Centers | C | C | C | C | C |
April 2007. Need to Remove H-1B Cap.
Microsoft chief and unofficial spokesperson of the high tech industry, Bill Gates, himself called for “infinite H-1Bs” during his congressional testimony last week. According to news reports, Gates lamented the “terrible shortfall” in the number of H-1B visas and warned that the country might lose its technological edge if “it shuts out the very people who are most able to help us compete.” When asked by Sen. Judd Gregg (R-N.H.) how may visas Congress should approve, Gates repeated a suggestion he made years ago: that there should be an “infinite” number. “Even though it might not be realistic,” he said, “I don’t think there should be any limit.”
Gates also explained that the tendency of tech companies to outsource has been brought about by immigration restrictions. “The IT industry, I guarantee you,” Gates said, “ will be in the US to the degree that these smart people are here in the US.”
November 2006. Congress Fails to Enact Immigration Reform. Despite unending pre-midterm election rhetoric, Congress has failed to enact any kind of immigration reform. As www.StrongVisa.com clients have been aware all along, this was the predictable outcome given the current political climate. However, given the impending lame duck session, there is hope that the 110th Congress will bring immigration reform (in the form of H-1B and EB relief) back to the table. That being said, www.StrongVisa.com clients are advised not to rely in any way upon immigration reform. As everyone is well aware, the first and foremost action of the 110th Congress will be dealing with the aftermath of the Iraqi War, and its reconstruction and reformation.
November 2006. Pakistan Nationals Experiencing Difficulty Re-Entering the U.S. After Traveling Home. Coinciding with the recent nuclear tests conducted in Pakistan, it appears Pakistani visa holders are experiencing denials of re-admission to the U.S. notwithstanding pre-approved visas. It is too early to comment on whether or not this will be a ubiquitous pattern but the timing seems more than coincidental.
Recent Ruling Indicates Employers Should Always Timely Withdraw H-1B Sponsorship for Departing Employees. On September 29, 2006, a precedent setting ruling was handed down by the Administration Review Board of the U.S. Department of Labor. Amtel Group of Florida, Inc. v. Rungvichit Yongmahapakorn. The court found that Amtel did not effectuate a "bona fide termination" of its employment relationship with Rung under the INA becuase there is no evidence that Amtel notified the INS that it had terminated Rung and that Amtel provided Rung with payment for her transportation home. As such, the court ordered Amtel to pay Rung the prevailing wage for her position until the expiration of her authorized period of stay for H-1B employment notwithstanding her undisputed earlier departure from the company.
www.StrongVisa.com - Law Office of Susan Pai
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