Through April 13, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with advanced degrees.
The total, therefore, is approximately 30,300.
Those of you seeking H-1B, who are subject to the cap and who have at most a bachelor degree must deal with an annual limit/quota 配额 of 65,000. If you have a master degree or higher that is related to your job, you have an additional 20,000 approvals, for a total of 85,000 available to you.
Showing posts with label H-1B， cap. Show all posts
Showing posts with label H-1B， cap. Show all posts
Monday, April 23, 2012
Sunday, April 1, 2012
Suggestions regarding H-1B filing
Because the cap-subject H-1B filing season for fiscal year 2013 has begun, I thought I might share some suggestions for any of you who are in the fortunate position of having an employer petition for you. These suggestions are important regardless of whether or not an attorney is involved with your petition.
1. Make sure to match the labor condition application (LCA) and H-1B dates
Make sure, when completing the LCA, that you keep in mind the (presumed) October 1, 2012 desired H-1B start date. A common mistake with the LCA in this situation is to specify the current date as the start date, and this date would probably be right now, i.e. April. The LCA period, like H-1B is three years. However, if you (accidentally) request that the LCA begin six months earlier than H-1B period, then the LCA also will END six months earlier than your specified H-1B period. In this case, United States Citizenship and Immigration Services (USCIS) will simply reduce your H-1B period to match the LCA period. In other words, you may end up with only two and a half years of H-1B status rather than three.
2. Pre-verify the employer’s federal employer identification number (FEIN) with Department of Labor
The LCA requires your employer’s FEIN. However, the system the Department of Labor uses to validate the FEIN is their own system, not one from the Internal Revenue Service (IRS). Often, the Labor system is incomplete, meaning that even though the FEIN you entered was a “real” one, the Labor system might still not recognize it, and therefore will deny your LCA. In that case, you will have to notify the Department of Labor and give them FEIN documentation, then wait for them to verify the FEIN, then you will have to resubmit the LCA.
A better approach is to pre-validate the FEIN with Department of Labor even before you file the LCA. Doing so could save you two weeks.
3. Diploma is probably insufficient evidence of degree
You will need to submit evidence of at least a bachelor degree. However, a diploma by itself is probably insufficient evidence, because the H-1B regulations require that the evidence show the courses you took, the periods of time you attended and that the evidence be attested to by the keeper of records of the educational institution. A diploma probably will not show these things.
4. If employer is nonprofit research organization, provide evidence of it
A nonprofit research organization is one type of employer which is exempt from the cap. However, make sure you provide evidence of nonprofit and of research.
5. Make sure you use the most current form
Make sure you use the most current I-129 petition form, or at least an acceptable earlier one. The date of the form is on the bottom right corner of the first page. Using a current form is crucial, because the form now requires your employer to certify that he/she has read and will comply with deemed export rule, with respect to release of controlled technology to a foreign national in H-1B status.
These suggestions are for information only, and should not be considered legal advice.
Calvin Sun， attorney at law 孙自成，律师
610-296-3947, cell 215-983-3723
csun@calvinsun.com
Pr. 17:15, 箴言17:15
1. Make sure to match the labor condition application (LCA) and H-1B dates
Make sure, when completing the LCA, that you keep in mind the (presumed) October 1, 2012 desired H-1B start date. A common mistake with the LCA in this situation is to specify the current date as the start date, and this date would probably be right now, i.e. April. The LCA period, like H-1B is three years. However, if you (accidentally) request that the LCA begin six months earlier than H-1B period, then the LCA also will END six months earlier than your specified H-1B period. In this case, United States Citizenship and Immigration Services (USCIS) will simply reduce your H-1B period to match the LCA period. In other words, you may end up with only two and a half years of H-1B status rather than three.
2. Pre-verify the employer’s federal employer identification number (FEIN) with Department of Labor
The LCA requires your employer’s FEIN. However, the system the Department of Labor uses to validate the FEIN is their own system, not one from the Internal Revenue Service (IRS). Often, the Labor system is incomplete, meaning that even though the FEIN you entered was a “real” one, the Labor system might still not recognize it, and therefore will deny your LCA. In that case, you will have to notify the Department of Labor and give them FEIN documentation, then wait for them to verify the FEIN, then you will have to resubmit the LCA.
A better approach is to pre-validate the FEIN with Department of Labor even before you file the LCA. Doing so could save you two weeks.
3. Diploma is probably insufficient evidence of degree
You will need to submit evidence of at least a bachelor degree. However, a diploma by itself is probably insufficient evidence, because the H-1B regulations require that the evidence show the courses you took, the periods of time you attended and that the evidence be attested to by the keeper of records of the educational institution. A diploma probably will not show these things.
4. If employer is nonprofit research organization, provide evidence of it
A nonprofit research organization is one type of employer which is exempt from the cap. However, make sure you provide evidence of nonprofit and of research.
5. Make sure you use the most current form
Make sure you use the most current I-129 petition form, or at least an acceptable earlier one. The date of the form is on the bottom right corner of the first page. Using a current form is crucial, because the form now requires your employer to certify that he/she has read and will comply with deemed export rule, with respect to release of controlled technology to a foreign national in H-1B status.
These suggestions are for information only, and should not be considered legal advice.
Calvin Sun， attorney at law 孙自成，律师
610-296-3947, cell 215-983-3723
csun@calvinsun.com
Pr. 17:15, 箴言17:15
Tuesday, November 29, 2011
Dealing with the FY 2012 H-1B "cap full" situation
On November 23, 2011, United States Citizenship and Immigration Services (USCIS) announced that it had reached the H-1B “cap” of 65,000 for fiscal 2012—that is, for the fiscal year that ends on September 30, 2012. In addition, the “master’s degree” exemption, under which an additional 20,000 H-1B approvals are reserved for those with a master’s degree or higher, also has been exhausted for fiscal year 2012.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f0a78614e90d3310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
This news means that many foreign nationals who wish to work in H-1B status, and their employers, will have to wait until October 1, 2012 (when a new fiscal year begins) before the former can work (although, because H-1B regulations allow for the filing of petitions up to six months in advance of a requested start date, such foreign nationals, employers and their attorneys may begin filing for this October 1 start date as early as April 1, 2012)
.
However, certain foreign nationals still might be able to work in H-1B status even though the fiscal year 2012 cap has been reached. Three such ways are the following:
- Work for a “cap exempt” employer
Certain employing organizations are exempt from the H-1B cap, meaning that they can employ approved H-1B foreign nationals regardless of the cap situation. These organizations are
o Institutions of higher education
o A nonprofit entity related or affiliated with an institution of higher education
o Nonprofit research organization
o Government research organization
- Work AT a “cap exempt” employer
You need not be directly employed BY a cap exempt employer in order to be exempt from the cap yourself. You also can be exempt if you work AT such an employer—that is, even though you might be employed by a cap-subject employer. For example, you might be employed by a consulting company, and you would be performing your work at a client which is a cap-exempt organization. You and your employer would need to show a connection between your work and the main mission of the cap-exempt organization.
- Previously received H-1B status, within the past six years, at cap-subject employer
If you are in this situation, then you already have been counted against an earlier H-1B cap, and therefore do not need to be counted a second time. This situation could arise if, after having worked that first time in H-1B status, you returned to school, but now are seeking work again. It also arises if you are seeking an extension of H-1B status with your current cap-subject employer.
These methods will allow you to work in H-1B status even prior to October 1, 2012.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f0a78614e90d3310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
This news means that many foreign nationals who wish to work in H-1B status, and their employers, will have to wait until October 1, 2012 (when a new fiscal year begins) before the former can work (although, because H-1B regulations allow for the filing of petitions up to six months in advance of a requested start date, such foreign nationals, employers and their attorneys may begin filing for this October 1 start date as early as April 1, 2012)
.
However, certain foreign nationals still might be able to work in H-1B status even though the fiscal year 2012 cap has been reached. Three such ways are the following:
- Work for a “cap exempt” employer
Certain employing organizations are exempt from the H-1B cap, meaning that they can employ approved H-1B foreign nationals regardless of the cap situation. These organizations are
o Institutions of higher education
o A nonprofit entity related or affiliated with an institution of higher education
o Nonprofit research organization
o Government research organization
- Work AT a “cap exempt” employer
You need not be directly employed BY a cap exempt employer in order to be exempt from the cap yourself. You also can be exempt if you work AT such an employer—that is, even though you might be employed by a cap-subject employer. For example, you might be employed by a consulting company, and you would be performing your work at a client which is a cap-exempt organization. You and your employer would need to show a connection between your work and the main mission of the cap-exempt organization.
- Previously received H-1B status, within the past six years, at cap-subject employer
If you are in this situation, then you already have been counted against an earlier H-1B cap, and therefore do not need to be counted a second time. This situation could arise if, after having worked that first time in H-1B status, you returned to school, but now are seeking work again. It also arises if you are seeking an extension of H-1B status with your current cap-subject employer.
These methods will allow you to work in H-1B status even prior to October 1, 2012.
Saturday, October 1, 2011
H-1B cap count through September 9, 2011
If you are seeking H-1B status, this note may be important to you. As you may know, many people who seek such status must deal with the "cap," that is, a limit (有限，或者配额）on the number of H-1B statuses that can be granted during a particular fiscal year.
If you are seeking H-1B and you have a master's degree, you are elibile to receive status from either the "master's group" or the "regular group." If you have a bachelor's degree, you may get status only from the regular group.
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