H-1B Cap for Fiscal year 2015 Met

On April 7, 2014, U.S. Citizenship and Immigration Services received enough H-1B petitions to account for the annual quota for fiscal year 2015.  In fact, USCIS announced that it had received enough petitions to account for the 20,000 H-1B visas set aside for alien holding advanced degrees from U.S. schools.

H-1B visas are also known as specialty worker visas.  They are visas that allow a person to come to the United States temporarily to work for a U.S. employer.  To qualify, the alien worker must be coming to perform a job that requires the equivalent of a bachelor's degree or higher.

H-1B visas are initially granted for three years.  The visas begin on October 1, the start of the fiscal year.  Application can be submitted up to 6 months before the start of the fiscal year, or April 1.  There are 65,000 H-1B visas available every year.  Another 20,000 H-1B visas are available for alien workers who hold an advanced degree from a U.S. institution.

In some years, the annual quota is not met until later in the year.  However, when U.S. employers need skilled foreign workers, the H-1B quota can be met early in the H-1B filing season.  If more than enough H-1B petitions are received by USCIS before April 7, a lottery is held to see which applicants receive the available visas.

By:  William J. Kovatch, Jr.
(703) 837-8832
wkovatch@kovatchlegalservices.com

H-1B Specialty Workers Cap Season Open

April 1rst marks the beginning of the H-1B cap season.  The H-1B visa is a temporary visa available for U.S. companies seeking to hire a foreign worker for a position that qualifies as a specialty worker.  In general, specialty workers are those positions which require a bachelor's degree or higher.

Every year, 65,000 visas are available for specialty workers.  An additional 20,000 visas are available for specialty workers who hold a masters degree or higher from a U.S. institution.

Applications for the H-1B visas can be filed up to six months before the beginning of the fiscal year.  That means that the first day that H-1B visa petitions can be filed is April 1 for visas that will be valid starting on October 1.

A few years ago, there were more petitions filed during the first week of April than there were visas available.  However, for the past few years, visas have remained available for a few months after April 1.  With the economy showing signs of bouncing back, there is a possibility that all of the available visas will be taken in a short period of time.

By: William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimigrationlaw.com

Congress to Increase H-1B Caps?

A bill, called the Immigration Innovation Act or I2, (I-Squared) has been introduced in Congress in an effort to expand the number of foreign workers who can obtain temporary visas to work for U.S. companies.  The bill would expand the number of H-1B visas available each year on a sliding scale, depending on the demand by U.S. empoyers for such workers.

The H-1B visa is open to workers to be employed in specialty occupations.  A specialty occupation is defined as an occupation that requires a bachelor's degree, or its equivalent, or higher as the normal entry requirement for the position.

Each year, there are 65,000 temporary visas available for specialty workers.  Another 20,000 visas are set aside specifically for workers who hold a U.S. master's degree.  The temporary visas can eventually lead to permanent residency.  They are often used for U.S. companies seeking to fill high-tech positions, although any job which requires a bachelor's degree may be able to qualify for the basis of an H-1B visa.

U.S. employers may apply for the H-1B visas up to six months before the visas are to take effect.  The visas become available at the beginning of the fiscal year, or October 1.  This means that an employer may submit an application as early as April 1.  In times of an expanding economy, it is not uncommon for the cap of all 85,000 visas to to be met on the first day of filing.

If passed, I2 would raise the number of H-1B visas available each year from 65,000 to 115,000. More H-1B visas could be made available, depending on the demand.  If the cap is met within the first 45 days of when petitions can be filed, another 20,000 wold be made available.  If the cap is met within the first 60 days, then another 15,000 would be made available.  If the cap is met within the first 90 days, then another 10,000 visas would be made available.  If the cap is met again by the 275th day on which petitions can be filed, another 5,000 visas would be made available.  Under the proposed legislation, the cap on foreign workers holding U.S. master's degrees would be eliminated.

This bill has received bi-partisan support, as it is co-sponsored by such Republicans as Orrin Hatch and Marco Rubio, and such Democrats as Bill Nelson and Mark Warner.

However, passage of the bill is not assured.  Senators Dick Durbin and Charles Grassley, for example, have been critical of the H-1B program, arguing that it permits U.S. employers to bypass hiring available U.S. workers.  U.S. technology companies, by contrast, have been pushing for the expansion of available H-1B visas.

The President has promised to press for comprehensive immigration reform this year.  The Obama Administration's strategy has been to push through a single bill addressing various immigration issues.  By contrast, the Republicans, many of whom believe it critical to press for reform in the aftermath of the 2012 election defeat, wish to press forward with many bills, each addressing a discrete immigration issue.  The goal for Republicans appears to be to avoid a show-down within the party over anything perceived by the far-right to be amnesty.  Whether this bill passes, or is absorbed by a larger, more comprehensive bill, remains to be seen.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

An Overview of the Process to Hire Foreign Science, Technology, Engineering and Math Workers

In the push for comprehensive immigration reform, U.S. businesses are pressing for more visas for science, technology, engineering and math ("STEM") workers.  Even on the campaign trail, Governor Romney stated that every science and math student graduating from a U.S. institution should have a green card stapled to the diploma.

But how difficult is it to get a visa for a foreign STEM worker?  The fact is that the process is tedious.  Moreover, a foreign worker can wait years for a permanent residency visa to become available.

In the article linked here, I give an overview of the process of hiring a foreign STEM worker, both on a temporary visa and on a permanent residency visa.  The process takes planning, resources and effort.  Most STEM workers start off with an H-1B temporary visa for specialty workers.  Annual quotas are tight, and deadlines are important.

Hiring a foreign worker permanently requires an effort to show that there are no U.S. workers who are ready, willing, able, and available to fill the position.  This is called the labor certification process, and requires that the employer go through a recruiting process.

Even after a visa petition is granted, because of annual limits, it may take years for the visa to be available.  If a worker is employed through an H-1B visa, it takes coordination and timing to make sure that the worker can remain in the United States until the permanent residency visa is available.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com