Articles Posted in Employment-based visas

Fiscal year 2011 has been a relatively slow year for H-1B usage. Whether it’s the economy or increased scrutiny of H-1B petitions or increased H-1B filing fees, I thought you might want to know that the quota is still open.

As of November 22, USCIS informed the public that approximately 48,977 cases have been counted against the general quota and approximately 17,836 cases have been counted against the advanced degree quota.

If you would like help in submitting a successful H-1B case, call the attorneys at Romben Law, APC for a free H-1B consultation. —ecf

New numbers from USCIS on the H-1B quota:

Out of 65,000 that USCIS may approve, CIS has received 44,300 cases. This is an increase of about 2,400 since the last announcement about a week ago.

As far as US advanced degree cases, where beneficiaries have received a US Master’s or high degree, CIS announced that they have received 16,200 cases. This is an increase of about 800 cases since the last announcement.

This just in:

Regular cap count is at approximately 41, 900 and the advanced degree cap has reached approximately 15,400.

Looks like the advanced degree cap is soon to close, but perhaps the regular cap will still be available until the end of the year as it was last year. Time will tell… –ecf

Now is that unfortunate time of year where the attorneys at Romben Law, APC start receiving phone calls from H-1B applicants who have received denials of their H-1B petitions. If someone has a denied H-1B, re-filing may be an option, but a previous denial definitely presents some challenges since any applicant must reveal previous denials in subsequent applicants. As I blogged about last year, there are many reasons that USCIS can find to justify a denial, however, many of the H-1B denials that I review could have been prevented if employers and applicants had a better understanding of what makes a successful H-1B case.

H-1B is a program for professional workers, and USCIS takes a very common sense approach to determining whether a job is considered a specialty occupation. First the USCIS reviews whether the nature of the job duties would normally require at least a Bachelor’s degree level of training or knowledge, and secondly, whether requiring a Bachelor’s degree for such position is normal to the that particular industry. Finally, USCIS will consider whether the applicant’s major of study is actually applicable to the job at hand. Beyond this, USCIS relies on caselaw, statutory definitions and guidance from the US Department of Labor to determine whether your case is really H-1B caliber or not. And if so, USCIS will also make a determination whether there is a real job offer in hand and whether an applicant is qualified for such position.

At Romben Law, APC, we don’t use cookie-cutter solutions in helping H-1B employers submit their applications to USCIS. We use a individualized and highly tailored approach to understanding the job offer, the company, and the applicant’s qualifications. If you are interested in a consultation, contact us today. —ecf

Still not too late to apply for an H-1B. New quota figures as of September 10, 2010:

Out of the 65,000 cases that can be approved for H-1B this year, 37,400 cases have been receipted by USCIS for the regular Bachelor’s degree H-1B quota. This is up from 36,600 cases which were received since September 3, 2010.

Approximately 13,700 cases have been receipted by USCIS for the advanced degree H-1B quota, a slight increase of about 300 cases filed since September 3, 2010 when approximately 13,400 cases had been received.

As of August 6, 2010, approximately 28,500 regular H-1B cap cases have been receipted by USCIS and approximately 11,900 advanced degree cases. Keeping in mind that H-1B extensions and changes of employer petitions don’t count against the cap, initial H-1B applicants are in good shape this fiscal year since the quota is far from being exhausted. —ecf

As of July 9, 2010, approximately 24,800 H-1B petitions have been received. Our of the advanced degree cap, approximately 10,600 petitions have been receipted.

The numbers are very, very slowly creeping upwards. Naturally, the H-1B numbers are a sign of the slow economic times, and that the unemployment rate is still high. Anyhow looking to file an H-1B petition still has time on their side. —ecf