CIS nearing H-1B Cap
USCIS has updated its website with revised figures for H-1B
usage for fiscal year 2007. As of 5/12/06, 34,808 have been
granted or are pending. At this rate, VISANOW predicts that
the H-1B cap could be reached by early July 2006. Therefore,
we strongly urge our clients to file H-1B cases for their
candidates as soon as possible.
|
|
Cap
|
Beneficiaries Approved |
Beneficiaries Pending |
Beneficiary Target 1 |
Total |
Date of Last Count |
|
H-1B (FY 07) |
58,200 2 |
6,465 |
32,980 |
61,000 |
39,445 |
5/16/2006 |
|
H-1B Advance Degree Exemption (FY 07) |
20,000 |
1,442 |
3,606 |
21,000 |
5,048 |
5/16/2006 |
|
H-1B (FY 06) |
58,200 |
------ |
------ |
------ |
Cap Reached |
8/10/2005 |
|
H-1B Advance Degree Exemption (FY 06) |
20,000 |
------ |
------ |
------ |
Cap Reached |
1/17/2006 |
1
Refers to the estimated numbers of beneficiary
applications needed to reach the cap, with an allowance
for denials and revocations. Each target is subject to
revision later in the cap cycle as more petitions are
processed.
2 6,800 are set aside for the H-1B1 program
under terms of the U.S.-Chile and U.S.-Singapore Free
Trade Agreement. Unused numbers in this pool can first
be made available for general use on October 1, 2006,
the start of FY 2007.
Petitions for current H-1B workers do not count towards the
congressionally mandated H-1B cap. Accordingly, US CIS will
continue to process petitions filed to:
-
Extend
the amount of time a current H-1B worker may remain in
the US
-
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.
-
Employees from Chile and Singapore
Further, petitions for new employment are not subject to
the annual cap if the foreign worker will be employed at an
institution of higher education or a related or affiliated
nonprofit entity, or at a nonprofit research organization or
a governmental research organization.
Guest Worker Status: An Update
President Bush recently urged Congress to create a
‘Guest Worker Program’ to address the large number
of undocumented workers currently in the United
States. President Bush addressed the issue on May
15, 2006, when he addressed the nation to clarify
his proposal. The President expressly stated,
“…I
support a temporary worker program that would create a legal
path for foreign workers to enter our country in an orderly
way, for a limited period of time. This program would match
willing foreign workers with willing American employers for
jobs Americans are not doing. Every worker who applies for
the program would be required to pass criminal background
checks. And temporary workers must return to their home
country at the conclusion of their stay.”
Bush went on to acknowledge that while he opposes amnesty,
illegal immigrants already in the U.S. should be able to
apply for citizenship, so long as the processes implemented
for this cause does not delay processing for individuals
already involved in current immigration procedures.
The U.S. Senate is currently in the process of debating the
issue and the proposed reform package is evolving with each
passing day. Recent debate has led to the rejection of
amendments to the proposal that would prevent undocumented
individuals from attaining citizenship and block new workers
from temporary status. Meanwhile, the ability for new
temporary workers to file petitions on their own behalf
remains intact in the reform package.
The coming weeks will see debate on additional proposed
amendments on wage protection, fraud prevention,
confidentiality issues and several other areas of concern.
We will continue to track developments as they occur.
Consistent with President Bush’s stated goal, VISANOW does
not perceive any immediate impact to either pending
nonimmigrant or immigrant visa processing. We will keep our
clients up to date on developments relating to this
legislation and its impact on pending immigration matters.
Progress Update from the DOL Backlog Elimination Centers
The Department of Labor recently announced important
information regarding the progress of the two backlog
elimination centers in Dallas, TX, and Philadelphia, PA.
According to numbers released to members of the American
Immigration Lawyers Association in late March 2006, the DOL
is almost halfway through reviewing its inventory of over
300,000 labor certification applications. Their current
goals are to have all Center Receipt Notification Letters
(also known as “45-day letters”) issued by the end of June
2006, and to have the entire backlog inventory cleared by
the end of September 2007. In order to achieve this goal, it
is anticipated that the rate of certification will increase
over the remaining 17 months.
The CIS receipt notice is referred to as a “45-day letter”
because the beneficiary/applicant has 45 days within which
to respond to the letter or the case will be closed.
The 45-day letters are sent in order to adjudicate both
traditional labor certifications and Reduction in
Recruitment (RIR) applications. The 45-day letters are sent
to employers to check the existence of the company and also
to ensure that the employer wants the case to move forward.
One project of particular interest is the possible creation
of a “queue” of cases once all 45-day letters have been
issued and responses have been received. The creation of an
organized queue would allow the centers to post processing
times, which would be an invaluable tool to employers,
employees, and their attorneys. With this new potential
process, more definitive measures can be taken by employers
in making plans with regards to their permanent residency
cases.
Significant Progress for Chinese
Nationals in Priority Dates
The Visa Bulletin for June 2006 has been released and it
shows forward movement for Chinese Nationals. The most
notable progress goes to the EB-2 and EB-1 category for
those from China. For Chinese nationals, the EB-2 priority
date moved 6 months from January 01, 2004 to July 01, 2004.
Also, the EB-1 category for those from China have moved 12
months from July 1, 2004 to July 1, 2005. This means that
Chinese Nationals who are in multi-national
managerial/executive positions, or extraordinary ability
researchers/scientists, or whose positions require a
Bachelor’s Degree and 5 or more years experience (or a
Master’s Degree) will have a reduced waiting time for their
Green Cards. Additionally, Indian Nationals in the EB-1
category gained 7 months in priority date movement. Although
VisaNow cannot predict the progress for the July 2006 Visa
Bulletin, we expect the same forward progress to continue.
June 2006
|
|
All Chargeability Areas Except Those Listed |
CHINA - mainland born |
INDIA |
MEXICO |
PHILIPPINES |
|
Employment-Based |
|
|
|
|
|
|
1st |
C |
01JUL05 |
01JAN06 |
C |
C |
|
2nd |
C |
01JUL04 |
01JAN03 |
C |
C |
|
3rd |
01JUL01 |
01JUL01 |
08APR01 |
22APR01 |
01JUL01 |
E-3 Specialty Occupation Worker
The E-3 visa was established by the REAL ID Act
of 2005. The E-3 non-immigrant classification allows for the
admission of a temporary worker who is a national of
Australia, entering the U.S. to work in a “specialty
occupation.”
To qualify for an E-3 visa, the applicant, must be an
Australian national who is seeking employment in a specialty
occupation requiring a bachelor’s degree or its equivalent,
and possesses a degree appropriate to the field in which the
applicant is seeking employment. E-3 status is initially
granted for two years, but may be renewed indefinitely in
increments of two years.
There is a yearly cap of 10,500 for E-3 workers. Those
outside of the U.S. must apply for the visa at a U.S.
consulate, while Australian nationals in the U.S. may apply
by submitting an application to the Vermont Service Center.
It should be noted that, unlike the dependent of an H-1B
worker, an E-3 dependent may apply for work authorization.