Workers (H, L, R, O, P)

July 25, 2009

H-1B Quota Update on the Numbers – Quota Still Open!

The H-1B quota has been hovering around the 45,000 mark since April when the H-1B filing period first opened. I have been giving updates every few weeks when the USCIS releases new counts on the number of H-1B cap-subject petitions that have been filed.

We have watched the FY 2010 H-1B numbers yo-yo back and forth from 44,400, 44,900 and 45,000 since June 12, 2009 to present. On July 10, the USCIS announced that it had received approximately 44,900 petitions, about 100 less than the approximately 45,000 reported received on July 3.

What is the reason for the up and down in numbers? Denials, lay offs, less jobs being offered. Sometimes, cases aren’t filed properly, something as simple as a typo on the filing check can result in a rejection, though not a denial. Those types of cases can be re-filed, assuming that the quota is still open as it remains today.

July 23, 2009

Religious Workers Premium Processing Available

by Romben Law, APC

Premium processing is now available again for religious worker petitions. After a long hiatus which caused many delays in religious worker processing, the USCIS is once again accepting premium processing (Form I-907) on R-1 petitions for religious workers, ordained ministers, nuns, monks, priests, religious education teachers, cantors, etc.

The premium processing service in which employers or workers will get a response in 15 calendar days is however, only available to religious organizations that have already passed a site visit or Benefit Fraud Assessment (BFA) by the USCIS Office of Fraud Detection and National Security.

The availability of the premium processing service will alleviate the long waiting times and delays caused by the new regulations in procedures for bringing in R-1 workers. Wait times for an I-129R adjudication without premium processing can be months. However, religious organizations which have already attained a positive BFA can utilize the premium processing service and avoid those costly delays. If you or your employer are awaiting a BFA or are awaiting the results of a site visit, you can call Romben Law, APC to see if there is any way to take advantage of the premium processing service or request that the final results of the BFA be issued without further delay. —ecf

June 27, 2009

Michael Jackson’s Concerts in Britain

by Romben Law, APC

Romben Law, APC in Los Angeles has received several calls about artists who have been involved in the preparations for the series of Michael Jackson concerts which were scheduled to take place in London beginning this summer. The performer’s recent death has thrown arrangements for those concerts into chaos.

Although the Jackson concerts were to take place in the United Kingdom, extensive preparations were taking place both in the UK and in the United States. In preparation for any big rehearsal, event, performance, or concert, teams of make-up artists, costume designers, hair stylists, choreographers, dancers, back-up vocalists, special effects personnel, music arrangers, musicians, lighting engineers, etc. etc. come together to create the shows that so many enjoy. The number of people involved with a complex series of high-tech, music and dance spectaculars can be upwards of 50 -100 people, not all of them American.

Renowned performers and artists can qualify for the O-1 visa (“extraordinary ability in the sciences, arts, education, business, or athletics) to enter the USA. However, when something catastrophic happens — like the death of a performer — the performance or concert on which the O-1 visa is based is cancelled, the performer or artist risks falling out of legal immigration status.

June 14, 2009

July 2009 Visa Bulletin Reflects Grim News for Employment-Based Applications

by Romben Law, APC

Those who are patiently awaiting their EB-3 and EB-2 petitions to become current probably check the Department of State’s website every month for the newest visa bulletin. Many of you have probably been in the processing queue for several years, are on AC-21 extensions of your H-1B, or are relying on your work permits (EADs), and EAD renewals year after to year so you can keep working legally while you await your “greencard.” Some of you are facing situations where your children face “age out” issues and even more of you are awaiting permanent residency so you can then travel legally to visit relatives in your home country. Some may waiting abroad. Nonetheless, you are all waiting and waiting…

The July 2009 visa bulletin released by the US Department of State confirms what we already know – that waiting times are painfully long and slow. But an announcement by the US Department of State’s Visa Office to the American Immigration Lawyers Association (AILA), confirms what we have dreaded along: that the situation is “dire” and will amount to extended delays beyond what you have already endured.

The Visa Office has already indicated that the worldwide cutoff date for EB-3 will be set on or around March 1, 2003. With any luck, we may see quick advances in that category near the beginning of 2010, but I’m not counting on it.

June 12, 2009

H-1B Quota Filings Going Down; Cap Not Yet Reached; USCIS Issuing Denials

by Romben Law, APC

Since April, I have been keeping track of the FY 2010 H-1B quota cap. I’ve posted each of the USCIS updates on the FY 2010 H-1B count and today’s update confirms that the H-1B quota is still open. Many of us expected that as in years past, the H-1B quota would be reached on April 1, which the first date that H-1B petitions are received. If not the first day, then within the first week of April. And if not by then, certainly by the summer months. We were all wrong.

Perhaps it should not be much of a surprise that with unemployment rates at an all-time high, the often-coveted H-1B visa for professional, skilled workers is still available today. USCIS reported today that about 44,400 H-1B applications have been filed to date. And as I have been reporting, USCIS has and will continue to make allocations for accepting more than enough applications because the agency has repeatedly reminded the public that many H-1B petitions will be denied.

Today’s H-1B update confirms just that: lots of denials.

June 11, 2009

Religious Workers Order: Concurrent Filing to be Accepted by USCIS

by Romben Law, APC

In a groundbreaking order, a United States District Court ordered the USCIS to begin accepting concurrent filings of the Form I-360 (Petition for Special Immigrant) and Form I-485 (Application for Adjustment of Status) on behalf of religious workers.

For years, the USCIS has treated petitions for permanent residency by religious workers differently than all other categories of employment-sponsored immigrants. Asserting that religious workers and religious organizations are more prone to submit fraudulent petitions than in other employment -based cases, this USCIS rationale for refusing to accept concurrent filings was struck down in no uncertain terms. The Court cited that the preliminary injunction staying unlawful presence by religious workers was issued as a means of “avoiding or ameliorating the injuries that arose from enforcement of the invalid regulation.”

This is a great step forward to religious workers who provide ministerial services and spiritual services to followers of all faiths through this great nation that has honored religious freedom from its inception. Rather than treat servants of faith differently, disparately, and with denigration, Judge Robert S. Lasnik of the Western District of Washington directed the USCIS to begin accepting concurrently filed I-360 and I-485 applications. The order also directed USCIS to accept I-485 applications from those applications with I-360s pending.

May 26, 2009

H-1B Cap is Still Open; New Quota Count from USCIS

by Romben Law, APC

According to USCIS today, the H-1B quota is still open. On May 22, 2009 USCIS reported that 45,700 H-1B applications were received as of May 18, 2009. We at Romben Law, APC believe that USCIS will continue to accept at least 20,000 more applications since the USCIS must accept more than 65,000 petitions.

In an earlier blog, I talked about why USCIS accepts more applications than there are H-1B openings. It is simply because the USCIS will reject or deny many of those applications that submitted. This makes it imperative that H-1B applicants submits more than just a skeletal or minimal application to the USCIS. If you want to submit a successful and strong H-1B case, you need to make sure that your petition is well prepared, complete, and that you have chosen the best applicant for the position or if you are the applicant, you have chosen the best employer for your case.

When the H-1B season began in February and March, no one expected that the H-1B filing window would be open this late in the season. Many have speculated that the dampened economy has resulted in fewer job offers. Unemployment rates are also a factor. Perhaps less applications were made this year because USCIS has been cracking down on “fraudulent” visa applications, or it’s because deportation enforcement is at an all-time high. Regardless, what we know to be true is this: only 45,700 applications have been received this year.

May 5, 2009

H-1B Count – Update on the Numbers Available: May 4, 2009

by Romben Law, APC

US Citizenship and Immigration Services (USCIS) issued a press release on May 4, 2009 confirming that only 45,000 H-1B petitions have been received out of an allotted 65,000 available this Fiscal Year 2010 for people holding Bachelor’s degrees. USCIS also announced that they are still accepting applications to be counted toward the Advanced Degree (US Master’s) cap.

Many people were anticipating that the H-1B filing window would be closed within the first week after April 1, 2009. Without a doubt, the decrease in H-1B applications we see today is due to the global economic crisis and high unemployment rates.

Years ago, the H-1B quota was rarely reached because the cap was 195,000 per fiscal year. Applicants and their employers had the opportunity to file H-1B applications year-round. Today’s cap of 65,000 plus 20,000 advanced degree H-1Bs is less than half of what used to be allocated!

April 23, 2009

USCIS Confirms H-1B Cap Count, the Quota is Still Open for Regular and Advanced Degree Cases

by Romben Law, APC

The USCIS (CIS) confirmed that the H-1B quota remains open. About a week ago, CIS issued an update on the count against the H-1B cap, stating that about 43,000 applications were received. This week, CIS confirms that they have received only one-thousand more applications.

For advanced degree applicants, there is still time to file an H-1B since the CIS will still accept cases even though they have already received 20,000 cases. CIS accepts more cases than the quota cap because many cases will be rejected or denied. So far, no lottery has been announced for either cap.

In the last several fiscal years, the CIS has had to use a lottery method to randomly choose cases for H-1B consideration. Given the current economic climate with unemployment rates at historic highs, it’s natural to see this year’s quota remain open. We won’t know when the quota will get filled, but I have discussed the H-1B quota and the method that CIS will use to determine the last date that they will accept cases. For those of you who are job seekers, you have just been given more time to find an employer! Good luck!

April 22, 2009

H-1B Cap: When is The Last Day to File? H-1B Lottery Clarification

by Romben Law, APC

Many people have been calling our office to ask “when is the last day I can file an H-1B?” The US Citizenship and Immigration Service (USCIS) has clarified how they will determine the “last receipt date” for an H-1B. Initially, the USCIS stated that if a sufficient number of applications were received during the first 2 days of April, USCIS would conduct a random lottery of all H-1B applications filed in the first 5 business days of April, that critical date being April 7, 2009. USCIS was to include all applications filed on or before April 7, 2009 in a random lottery selection process.

However, the USCIS did not receive enough cases to fill the regular H-1B quota by the end of the day on April 7. Therefore H-1B applications are still acceptable until USCIS determines when will be the final date for filing applications. This date is called the “last receipt date.”

USCIS does not announce the “last receipt date” in advance. Instead, USCIS will announce the “last receipt date” after the date passes. Then USCIS will conduct a random lottery of all those cases received on that date.