Immigration Visa Attorney Blog

As readers of this blog are aware, we're of the opinion the H-1B program is a flawed system. (Read our recent four-part analysis of H-1B HERE, HERE, HERE and HERE.) Last week a key member of the United States House of Representatives offered one way to attack the situation.

During a March 31 hearing before the House Subcommittee on Immigration Policy and Enforcement Rep. Lamar Smith (R-Texas) brought up the possibility of limiting the number of professions which qualify for H-1B status. The thinking for Smith, the chairman of the House Judiciary Committee, was that giving more visas to technology businesses might be the best option in the current political climate.

Smith's suggestion seems to stem from a feeling that increasing the number of H-1B visas from its current 85,000 annual cap may not be realistic.

Recent congresses have been unwilling to address small portions of the immigration issues before comprehensive immigration reform has taken place. At this point it is not known what the current Congress would support.

So while roughly half of the H-1B visas are used for tech positions such as computer programmers and IT specialists, the rest are used in industries related to fields like fashion and photography. Smith's feeling is that given the potential job-creation benefits associated with tech fields, they may be more important to the country's economy.

"There is nothing wrong with these occupations," Smith said, adding "but I'm not sure that (they) are as crucial to our success in the global economy as are computer scientists."

If other occupations are no longer eligible for H-1B, then more visas would be available for the tech industry. Focusing on scientists and engineers, Smith argued, could be a solution to the program.

Continue reading "Columbus, OH Attorney: Congressman Suggests Change to H-1B Program" »

The United Stated Immigration Services (USCIS) will begin accepting
application for the H-1B visa Friday, April 1. Those applications cover any
employment with a starting date on or after October 1. Our office in Columbus,
Ohio can offer assistance in H-1B-related filing.

The H-1B program is applied to nonimmigrant aliens who want to work in specialty fields. The Department of Labor defines specialty as "one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent."

The program has a cap of 85,000, with 20,000 of the visas going to those with U.S. masters' degrees (or higher). The USCIC will accept applications until they have received enough cap-eligible petitions.

A more thorough overview of the H-1B program can be found HERE.

The USCIS monitors the petitions received and notifies the public when the numerical limit has been met. For FY2011 the regular cap number was reached January 26, 2011.

As we mentioned a few weeks ago, this USCIS is considering a change to the H-1B process involving an advance electronic registration. As early as FY2013, employers may be able to register petitions prior to the start of the petition filing period. The idea would be to cut down on administrative costs, as employers would be able to limit filings to those selected petitions.

The government estimates the program could save more than $23 million over the next decade. The USCIS is still seeking feedback for the proposal and those interested in comment can find information HERE.

Continue reading "Reminder: FY2012 H-1B Cap Season Begins Today" »