The H-1B job search continues! The H-1B quota is still wide open for those who are still job searching. Just released today are the numbers from USCIS as of June 17, 2011:
The H-1B quota (regular degree cap) is moving slowly, but steadily with 16,300 applications received out of the 65,000 available.
The advanced degree H-1B quota (advanced degree cap) has slowed somewhat, with 10,800 receipted out of the 20,000 available.
H-1B season looks like it’s going to last a while this year. With nationwide unemployment still high, offers for H-1B employment seem to be lagging as well. Here are updated H-1B quota numbers for those looking for H-1B sponsors and wondering “how much time do I have left before the H-1B quota runs out…”
The business immigration attorneys at Romben Law, APC have often been asked to review denied H-1B cases prepared by other attorneys. We are asked for advice on whether and how to re-submit a new successful H-1B petition. While it is a difficult task to overcome a previously denied H-1B petition, it is not impossible… it’ll be hard work, but it’s not impossible.
The following are questions that are appropriate to ask if you have had a denied H-1B petition:
1. Did the first attorney spend enough time with me and my employer to understand what special knowledge and tasks are involved in the offered H-1B job?
Thanks to USCIS for the updated quota numbers:
Regular cap: approximately 13,100 have been received Advanced degree cap: approximately 9,000 have been received
Many people are continuing to ask when the quota might be reached. While it’s impossible to really know and difficult to estimate, it seems that the quota numbers are moving slowly. Those who are still looking for H-1B employment and/or those on F-1 OPT still have ample time to prepare a case for this year’s quota. Contact the business immigration attorneys at Romben Law, APC for a consultation. —ecf
The immigration attorneys at Romben Law, APC are often asked by foreign job seekers whether there are options other than H-1B for living and working in the US. Given the difficulty of finding an appropriate H-1B employer these days, many people have asked specifically whether the J-1 exchange visitor is a good option.
Although there are several types of J-1 exchange visitors, this blog will focus on the J-1 internship category.
Here are a few pointers to follow when looking for a J-1 sponsor:
The business immigration attorneys at Romben Law, APC have been asked numerous times when the H-1B cap will be reached, or whether the quota is closing soon. While no one knows when the H-1B cap will be reached, USCIS has released some recent numbers of the current H-1B usage.
As of May 6, approximately 10,200 petitions have been received for the regular, Bachelor’s degree quota while approximately 7,300 petitions have been received for the advanced degree quota.
It seems that the H-1B quota is still wide open and those interested in consulting with the attorneys at Romben Law, APC for potential applications should give us a call as soon as possible given the fact that it can take USCIS months to adjudicate H-1B petitions. —ecf
So far, the USCIS has announced that it received 5,900 H-1B applications for the normal quota and an additional 4,500 for the advanced degree quota. These numbers were released yesterday, April 7, 2011.
In years past, many remember that the H-1B quota was exhausted as early as the first day of applications. Last year, the H-1B cap was not reached until January the following year. I would anticipate that with the economy still rebounding, the H-1B quota will last a significant amount of time. This will also ensure that everyone who can find a job offer this year will have a chance to make an H-1B application. Please contact the business immigration attorneys at Romben Law, APC for a consultation if you are interested in applying for an H-1B this year! —ecf
It’s H-1B season and the business immigration attorneys at Romben Law, APC are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
Today’s Wall Street Journal ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such “backdoor registrations” occurred and most notably, more than 150 of these occurred in and around China.
It’s no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in “national security, fraud detection and prevention.” The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. —ecf
H-1B season begins today – April 1, 2011. Like a cruel joke, the beginning of this year’s H-1B applications, H-1B quota, H-1B cap, fiscal year 2012 H-1B season, whatever you want to call it…starts today, April Fool’s Day!
Let’s review what the H-1B season means to those looking for a job and who hope to find a suitable employer to sponsor the H-1B application. (1) find a job (2) which requires a Bachelor’s degree (3) with a company that is well established (or decently so) and (4) is willing to pay the government filing fees!
These criteria make up the most basic of H-1B requirements. There are many cases which get filed for H-1B each year and get denied, even though they “meet” the initial criteria. I gave a talk last month to attorneys in the Los Angeles area regarding some of the things a seasoned immigration attorney can do to help their clients make good choices in searching for H-1B sponsors and/or in documenting a good H-1B case. I was able to show examples of cases where other attorneys had short-changed their clients by only submitting the basic requirements to USCIS. These cases, of course, resulted in denial. The business immigration attorneys at Romben Law, APC have been able to re-file and overcome such denials, but when you really understand how the cards can easily stack up against you in H-1B applications, you might be wise to start with a initial consultation at Romben Law, APC as soon as you have an employer lined up before you end up with a denial or notice of intent to deny from USCIS. —ecf
The USCIS this week provided information on the types of immigration applications for Japanese nationals who are affected by disasters caused the earthquakes and tsunamis last week. In limited circumstances, the USCIS can expedite the processing of the following types of requests/cases:
If you or someone you know is eligible for these services, please contact the attorneys at Romben Law, APC for assistance in making these applications to the USCIS. —ecf
Immigration Visa Attorney Blog