USCIS Reaches 2010 H-1B Cap

Date: Sunday, January 03, 2010 3:21 PM

<<<<< JOB DESTRUCTION NEWSLETTER No. 2065 -- 1/03/2010 >>>>>

USCIS Reaches 2010 H-1B Cap

The USCIS announced that the they have received enough H-1B petitions to meet
the 2010 fiscal year limit (or cap). Total H-1Bs to be issued will be 85,000
which combines 65,000 subject to the cap and 20,000 exempts for those with
advanced degrees.

USCIS Reaches FY 2010 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced today
that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2010. USCIS is
hereby notifying the public that Dec. 21, 2009 is the "final
receipt date" for new H-1B specialty occupation petitions
requesting an employment start date in FY 2010.

So, does that mean employers will be forced to hire Americans now? Not
necessarily as explained in a December 22 bulletin by immigration law firm
Cohen & Grigsby:

Last, please remember that there may exist other visa alternatives
to filing an H-1B petition. As we have done in the past when a
case is caught by the cap, we will work with you to develop and
implement a solution that will permit the affected employee to
legally remain employed or begin employment in the United States.
Please contact us if you have a case that may be subject to the
cap and/or if you wish to discuss any H-1B alternatives.

Bottom line is that employer s ability to hire foreign workers will depend on
their knowledge of the loophole laden guest-worker immigration system or their
willingness to hire attorneys that do. Immigration attorneys are lining up to
offer their services. This Q&A from the MVP Law Group has some useful advice:

Alternatives to the H-1B Visa for Individuals who did not make the
H-1B Quota

Now that all of the new H-1B visas for the 2010 Fiscal Year have
been allocated, What options do Employers who are looking to hire
Foreign National Professionals have?

Here are some creative solutions to this problem:

O-1 Visa

E-3 Visa

L-1 Visa

Of course the other alternative is to change the law in order to insure that
there will enough visas for every employer that wants them, an alternative
Congress is working on with the Gutierrez amnesty bill.

LINKS:

Web version of newsletter:
http://blog.vdare.com/archives/2010/01/01/uscis-reaches-2010-h-1b-cap/

http://blog.vdare.com/archives/2009/12/23/gutierrez-amnesty-bill-and-the-commission/
Gutierrez amnesty bill and "The Commission"

http://www.prnewswire.com/news-releases/uscis-reaches-fy-2010-h-1b-cap-79908947.html
USCIS Reaches FY 2010 H-1B Cap

http://www.h1bvisalawyerblog.com/2009/12/alternatives_to_the_h1b_visa_f.html

Alternatives to the H-1B Visa for Individuals who did not make the H-1B Quota

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.prnewswire.com/news-releases/uscis-reaches-fy-2010-h-1b-cap-79908947.html

USCIS Reaches FY 2010 H-1B Cap

WASHINGTON, Dec. 22 /PRNewswire-USNewswire/ -- U.S. Citizenship and
Immigration Services (USCIS) announced today that it has received a sufficient
number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.
USCIS is hereby notifying the public that Dec. 21, 2009 is the "final receipt
date" for new H-1B specialty occupation petitions requesting an employment
start date in FY 2010.

The "final receipt date" is the date on which USCIS determines that it has
received enough cap-subject petitions to reach the limit of 65,000. USCIS has
also received more than 20,000 H-1B petitions filed on behalf of persons
exempt from the cap under the "advanced degree" exemption. Properly filed
cases will be considered received on the date that USCIS physically receives
the petition; not the date that the petition was postmarked. USCIS will reject
cap-subject petitions for new H-1B specialty occupation workers seeking an
employment start date in FY 2010 that arrive after Dec. 21, 2009.

USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Dec. 21, 2009.
USCIS will use this process to select petitions needed to meet the cap.
USCIS will reject, and return the fee, for all cap-subject petitions not
randomly selected.

Petitions filed on behalf of current H-1B workers who have been counted
previously against the cap will not be counted towards the congressionally
mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions
filed to:

* Extend the amount of time a current H-1B worker may remain in the United

States.

* 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.

H-1B in General: U.S. businesses use the H-1B program to employ foreign
workers in specialty occupations that require theoretical or technical
expertise in fields, such as scientists, engineers, or computer programmers.

SOURCE U.S. Citizenship and Immigration Services

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http://www.h1bvisalawyerblog.com/2009/12/alternatives_to_the_h1b_visa_f.html

Posted On: December 24, 2009 by Kellie N. Lego Alternatives to the H-1B

Visa for Individuals who did not make the H-1B Quota

Now that all of the new H-1B visas for the 2010 Fiscal Year have been
allocated, What options do Employers who are looking to hire Foreign National
Professionals have?

Here are some creative solutions to this problem:

O-1 Visa
The O-1 visa is suited for individuals of extraordinary ability or
achievement. The O classification is a useful and flexible alternative to the
H-1B program because there is no overall limit on time in the classification
and there is no cap. O-1 beneficiaries in the sciences, arts, education,
business, or athletics must have extraordinary ability "demonstrated by
sustained national or international acclaim."

E-3 Visa
The E-3 visa classification is limited to Australian Professionals. The E-3
visa is a "specialty occupation" visa similar to the H-1B visa. Therefore to
be eligible for the visa, the Australian citizen must possess a bachelor s
degree or higher (or its equivalent) in the specialty and the specialty
occupation must require the degree. There is a 10,500 annual limit on the E-3
visa.

L-1 Visa
The L-1 visa is an option for international organizations with offices in the
United States who transfer employees to the United States for temporary
periods of time. In order to be eligible for an L-1 visa, the petitioning
entity must prove that the beneficiary of the visa has worked for the non-U.S.
based sister company/subsidiary for at least one full year within the last
three years as an executive, manager or employee with specialized knowledge.

Contact MVP Law Group for more information!

Posted by Kellie N. Lego | Permalink | Email This Post

Posted In: Alternatives to H-1B Visa , E-3 visa , H-1B Cap , L-1 Visa ,
nonimmigrant visas

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