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April 12, 2007
USCIS
UPDATES COUNT OF FY 2008 H-1B CAP FILINGS
WASHINGTON -
U.S. Citizenship
and Immigration Services (USCIS) announced an updated number of filings
today as the counting of H-1B petitions received on April 2 and 3
continues. On April 3, USCIS announced that it had received enough
petitions to meet the congressionally mandated cap of 65,000 visas
available for fiscal year 2008 (FY 2008) and that it would conduct a
computer-generated random selection of cap-subject petitions filed on
Monday (April 2) and Tuesday (April 3) to determine which cases would be
accepted for processing.
USCIS will provide
regular updates as the processing of FY 2008 H-1B cap cases continues.
It
is not too late to file FY2008 H-1B petitions for employees with U.S. master's degrees. On April 9,
USCIS determined that approximately 119,193 of the H-1B petitions
received on April 2 and 3 were subject to the FY 2008 congressionally
mandated cap. USCIS also received within those two days a total
of approximately 12,989 H-1B cases on behalf of aliens holding a master’s
degree or higher from a U.S. institution. USCIS has announced that the
cap of 20,000 on these exempt cases remains open and that USCIS will
continue to monitor these filings. Any U.S. master's degree petitions should be filed as soon as
possible to obtain an H-1B visa with a start date of October 1, 2007.
H-1B
RELIEF CONSIDERED
On Tuesday, April
10, 2007, Senator John Cornyn (R-TX) introduced the Securing Knowledge,
Innovation and Leadership (SKIL) Act of 2007 (S. 1083). Although the bill
text is not yet available, the act is expected to propose reforms to
address the restrictive H-1B visa cap and alleviate the employment-based
green card backlogs. Senator Cornyn authored the bill; original
cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison
(R-TX), and Lott (R-MS).
In
addition to the SKIL Act, on Wednesday, April 11, Senator Chuck Hagel
(R-NE) introduced a bill to temporarily increase the number of visas
issued to highly skilled workers. Unlike the broader provisions of the
SKIL Act, this bill, S. 1092, is expected to focus more narrowly on
providing immediate relief from the current H-1B crisis.
USCIS
REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2007
WASHINGTON -
U.S. Citizenship
and Immigration Services (USCIS) announced today that it has received a
sufficient number of petitions to reach the congressionally mandated H-2B
cap for the final six months of fiscal year 2007 (FY 2007). USCIS is
notifying the public that March 16, 2007 is the “final receipt date” for
new H-2B worker petitions requesting employment start dates prior to
October 1, 2007. The “final receipt date” is the date on which USCIS
determines that it has received enough cap-subject petitions to reach the
limit of 33,000 H-2B workers for the second half of FY 2007.
The Cap was
reached with existing totals received for that day. USCIS will reject
petitions for new H-2B workers seeking employment start dates prior to
October 1, 2007 that arrive after March 16, 2007.
Petitions for both
current and returning H-2B workers do not count towards the
congressionally mandated bi-annual H-2B cap. “Returning workers” are
exempt from H-2B cap limitations. In order to qualify as a “returning
worker”, the worker must have counted against the H-2B numerical cap
between October 1, 2003 and September 30, 2006. Any worker not certified
as a “returning worker” is subject to the numerical limitations for the
relevant fiscal year. USCIS will reject petitions received after the
“final receipt date” which contain a combination of “returning workers”
and workers subject to the H-2B cap. Petitioning employers will receive
partial approvals for those aliens who qualify as “returning workers” if
otherwise approvable.
USCIS will
continue to process petitions filed to:
• Extend the stay
of a current H-2B worker in the United States;
• Change the terms
of employment for current H-2B workers and extend their stay;
• Allow current
H-2B workers to change or add employers and extend their stay; or
• Request eligible
H-2B “returning workers.”
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