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US IMMIGRATION UPDATES
LEGAL NOTES / 13 MAR 2007 |
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Will H-1B Quota Run Out in Two Days? |
By Reuben S. Seguritan, Esq.
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Speculations are rife that H-1B numbers will run out within two (2) days from the start of the filing period on April1. According to the American Immigration Lawyers Association (AILA), many attorneys are assuming that this projection is true even if this could not be verified. |
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US employers who wish to sponsor H-1B workers have been
advised to file their I-120 petitions right away. The
USCIS will begin to accept H-1B petitions for Fiscal
Year 2008 on April 1 and the H-1B numbers will be
available on October 1.
In the event the number of H-1B petitions received on
the first two (2) filing days will be sufficient to meet
the FY 2008 cap, the US Citizenship and Immigration
Service (USCIS) will use the “random selection lottery”
to determine which petitioners will be processed.
The experience during recent years when the regular H-1B
numbers have dropped down to 65,000 per year is that
they run out as early as May or in less than two months
from the start of the filing period. Remedial
legislation which added 20,000 H-1Bs per year for
advanced degree holders had done little to alleviate the
high demand for temporary workers among US employers.
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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.
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“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.”
Direct Filing Instructions
The anticipated rush of H-1B filings for FY 2008 had
presumably prompted the USCIS to issue last week direct
filing instructions for I-129 forms for temporary
foreign worker and I-539 forms for their dependents.
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The direct filing instructions appears to be geared toward
facilitating the so-called bi-specialization initiative that
replaced the previous system of filing employment-based petitions in
any of the four service centers (in California, Nebraska, Texas or
Vermont) where the principal office of the employer or the intended
workplace is located.
Effective April 2, 2007, the forms must be filed with either the
California Service Center or the Vermont Service Center, whichever
is applicable, with the correct filing address.
The USCIS will post on its website the proper filing address for
petitions on the basis of the intended workplace of the foreign
worker. If the temporary employment will be in different locations,
the state where the petitioner is located will determine the proper
filing location.
The USCIS has reportedly advised that “there is no advantage to
submitting a petition for delivery on Saturday, March 31, as all
petitions delivered on Saturday will be processed on Monday, April
2nd.” US employers, therefore, are better off filing the H-1B
petitions on April 1 and not sooner.
REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com
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