Articles Posted in Employment-based visas

The H-1B quota is still open but the H-1B advanced degree quota is nearly full. So for anyone looking to make an application, my advice is to watch the numbers carefully as the end of the year approaches.

  • 41,000 H-1B petitions have been received out of the 65,000 petitions that is subject to the regular Bachelor’s degree quota
  • 19,100 H-1B petitions have been received out of the 20,000 petitions that are exempted for applicants with US master’s or advanced degrees
  • hanging onto time.jpgSeptember 30 marks the end of fiscal year for 2011. I wanted to review some statistics regarding labor certification information by the US Dept. of Labor which shows some interesting statistics about labor certification processing times and audits between October 1, 2010 and May 31, 2011.

    Labor certification audits are still taking about a year for review and out of approximately 22,000 of the cases that were pending as of May 31, 2011, only 44% of those case were pending initial analyst reviews. The rest of the 56% were either in audit, appeal, or at the sponsorship verification stage. Since DOL reported a 63% increase in applications compared to 2010, we can probably expect that audit queue to increase.

    As many of you may have noticed, prevailing wage requests are taking more than 3 months for a determination. Those who might need to file labor certifications before the end of the year in order to preserve the ability to extend an H-1B might begin thinking about leaving the US and recapturing H-1B time later if you are unable to file the initial labor certification 365 days before your anticipated H-1B expiration date. While admittedly, this isn’t the ideal scenario, it stops the H-1B clock, even if momentarily… so that you can plan for a timely extension when you’re eligible. Call the business immigration attorneys at Fong & Aquino if you’d like an assessment of your labor certification or H-1B case, don’t wait another second! –ecf

    Green apple standing out.jpgToday the world mourns Steve Jobs. Steve Jobs was the creator and visionary at Apple, Inc. but he is remembered as one of the world’s greatest business leaders, ranking up there with the likes of Ford and Rockefeller. Steve Jobs was credited for bringing technology and it’s benefits to the every day lives of every day people. The attorneys at Fong & Aquino want to thank Steve Jobs for changing how we think about technology, for inspiring us to think creatively in what we do as immigration attorneys.

    Fong & Aquino is proud to run our office on Apple technology. We love our Apple computers, iPhones and iPads. But more importantly, the immigration attorneys at Fong & Aquino have also embraced the entrepreneurial spirit and determination which is best exemplified by Steve Job’s own words:

    Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.

    Opportunity in the sky.jpgFollowing this past year’s diversity lottery fiasco, the US Department of State has announced that it will begin accepting applications for DV 2013 at noon (EDT) on October 4, 2011. The application period will close on November 4, 2011 at noon (EDT).

    It has only been a few months since Dept of State notified then revoked the winning results of 22,000 “winning” lottery applicants. In the incident, now commonly known as “22,000 tears,” the DOS reported that a computer glitch caused 90% of the DV2012 winners to be selected from applications made during the first 2 days of the 30-day application period, and that because of this, the results were not “randomized,” and hence, invalid. DOS states that it “mistakenly informed” these unfortunate 22,000 “winners,” some of whom had already started making plans and selling off assets to move to the US and begin their American Dream.

    As we look ahead, some changes have been made to the countries whose nationals can now participate in the DV 2013 lottery. Nationals of South Sudan and Poland are now eligible to submit applications and although mainland Chinese born applicants cannot participate, Hong Kong SAR, Macau, and Taiwanese applicants may still apply. While the Los Angeles visa attorneys at Fong & Aquino, wish the best of luck to all DV 2013 applicants, we also remember and sympathize with the 22,000 individuals of DV 2012. –ecf

    plant growing from pile of coins.jpg
    The EB-5 attorneys at Fong & Aquino want to report about the recent EB-5 stakeholders meeting which took place recently. Probably of most interest are the EB-5 success rates reported by USCIS. In general terms, the Department of Homeland Security reports that in Fiscal Year 2010, approximately 110 initial Regional Center proposals were submitted and approximately 36% received approvals in the initial adjudication.

    Evidencing a major increase in regional center filings, DHS reported that 176 initial regional center applications were received in the first three quarters of Fiscal Year 2011 (October 1, 2010 to June 30, 2011). Of those, 46% were approved upon initial adjudication and 23% were denied upon initial adjudication. The attorneys at Fong & Aquino are consulted regularly by investors seeking regional center certification.

    It’s been no secret that EB-5 regional center filings are on the rise and that the program which has been in existence for years is gaining popularity again. Although approval rates seems are encouraging, investors know that the program is obviously, not without enormous risk. The LA Times reported earlier this month about some of the problems still plaguing investors. Contact the business immigration attorneys at Fong & Aquino if you would like a consultation regarding regional center certification and/or the traditional EB-5 program. –ecf

    %22University%22 building.jpg
    Last weekend, Department of Homeland Security Secretary Janet Napolitano announced the launch of a new USCIS website for students looking to study in the US. The website’s name? Yup, “Study in the States.” The new website which will be of use to F-1 and M-1 hopefuls, is aimed at disseminating information to foreign students, as well as serving as an interagency resource hub between DHS and it’s partner organizations. Information pertaining to J-1 exchange visitors and trainees is still relegated to the US Department of State.

    Study in the States provides information on how prospective students should utilize the current version of SEVIS, the Student and Exchange Visitor Information System program. It also tells us what we can expect with the highly anticipated “paperless” SEVIS II, which may launch “in the near future.”

    There’s also general information useful to new immigrants such as how to obtain a social security number, how to enroll your children in Kindergarten through 12th grade, and how to get a driver’s license. The attorneys at Fong & Aquino applaud the launch of this user-friendly website and what we hope is not only USCIS acknowledgment that foreign students coming to pursue degrees in the United States represent some of the best and the brightest talents in the world…but that these are the students who can and will someday continue to drive the innovation, entrepreneurship, and values known throughout generations as, the American Dream. –ecf

    Wooden mannequins waiting in line.jpgJust when you thought you were close to the front of the line, US Department of State announced yesterday that no further employment based preference cases (the so called EB cases) can be allotted toward the fiscal year 2011 quota.

    Translation: No more employment based approvals of I-485s for now. Remember that October 1, 2011 will mark the first day of the USCIS Fiscal Year 2012, so EB greencard cases will resume in October.

    USCIS has been directed to continue adjudicating EB cases but those cases will be placed “on hold” until October 3 when all cases which are “pending demand” (for I-485 approval) between September 15 – September 30, 2011 can receive final adjudication.

    In the last month, usage of H-1B numbers have continued to crawl upwards:

  • The regular H-1B cap has seen an increase from 25,300 petitions received to 32,200 as of September 9, 2011
  • The advanced degree cap has moved toward the 20,000 cap from 14,700 petitions received to 16,700 received as of September 9, 2011
  • It has been a while since I have posted H-1B quota numbers but here is the most recent update from USCIS as of August 12, 2011:

  • Approximately 25,300 petitions received for the regular H-1B quota.
  • Approximately 14,700 petitions received for the advanced degree H1B quota.

    H-1B processing times remain the same: slow. Cases that were filed in May can still be pending if an RFE has been issued. Those who were planning on beginning work on October 1, 2011 can still request premium processing on pending cases if petitioners wish to have an approval notice in hand on that date. If your H-1B case is still pending and is outside processing and you wish to inquire about the status of your case, petitioners can use the USCIS 1-800 customer service center number and ask for a status inquiry. —ecf

  • Job Search Handwritten note.pngAnd so the saga continues. I have received a lot of phone calls from H-1B hopefuls, many in the same situation: highly qualified individuals with marketable skills with either no job offer in hand or a tenuous job offer from an employer not willing and able to withstand the challenges of submitting an H-1b petition. It’s no wonder that the quota numbers are extremely low.

    The most recently updated H-1B cap numbers as of July 13, 2011:

    Approximately 19,000 petitions received for the regular H1B quota.

    Contact Information