H1-B Cap Count for FY 2010 as of June 23, 2009

USCIS reports that for the fiscal year 2010, approximately 44,500 H1-B petitions have been received. The cap for the H1-B is 65,000 for this year. All of the cap-exempt categories of the H1-B have NOT been met.

The USCIS is therefore still accepting H1-B petitions.

Visa Bulletin: July 2009

The new visa bulletin for July 2009 is available, please click here.

In the employment visa category, it should be noted that the entire 3rd Preference (including “Other Workers”) is unavailable.

L-1: Intra Company Transfers

For US companies wishing to transfer in foreign employees from their foreign counterparts, the L-1 is particularly useful.

The L-1 status is available to persons who have worked abroad for one continuous year within the preceding three years and who are transferred temporarily to the U.S. to work in an executive, managerial, or specialized knowledge capacity for the same business.

There are two kinds:

1)  L-1A:  Manager or Executive

2) L1-B:  Individual with Specialized Knowledge

L-1 Petitioner Requirements

1. The organization must be a U.S. or foreign firm, corporation, or other legal entity.
2. The company must be doing business as an employer in the US and in at least one other country through a relationship defined by regulations, such parent, branch, or subsidiary.
3. The petitioning U.S. company must establish an employer-employee relationship.
4. Unless, it is a “new office” (Useful if a foreign company is attempting to set up a subsidiary/branch/new office in the US.  Another post will follow).

H1-B Count as of June 5, 2009: Numbers Available

USCIS reports that as of June 5, 2009, it has received 44,400 H1-B petitions subject to the cap thus far.  That’s far short of the 65,000 visas cap limit.

H-1B Petition Filings for FY2010 Update

USCIS reports that for the fiscal year 2010, approximately 44,000 H1-B petitions have been received.  The cap for the H1-B is 65,000 for this year.

The USCIS is therefore still accepting H1-B petitions.

Given the economic status, it may take a while before the cap is reached for the H1-B petitions.

New Employment Eligibility Verification Form I-9 Issued

Employment Eligibility Verification Form I-9 is to be filled out by all new employees.  This is an important means for USCIS to make sure that all employers are complying with immigration laws and that the person who is being hired can legally work in the US.

The USCIS released a new version of the I-9 form.

1. Employees may no longer present expired documents during the employment eligibility verification process
2. Documents not containing an expiration date are considered unexpired documents

In addition, the new I-9 removes Forms I-688, I-688A, and I-688B from List A.  There are a series of other changes

USCIS has the the new Handbook for Employers (M-274) on all the requirements for the new form.

May 2009 Visa Bulletin

The new May 2009 Visa Bulletin is out.

Click here for the May 2009 Visa Bulletin.

Silicon Valley Hampered by Immigration Laws

The New York Times discusses the problems that Silicon Valley firms face when attempting to recruit world wide talent.  Currently, the article has a very interesting multimedia widget next to it that shows graphically the countries of origin for certain occupations.  For example, Vietnam contributes the highest number of foreign workers to the hairdresser and personal grooming category.  And the top three countries that contribute  writers, entertainers, and entertainers are:  1) Mexico; 2) Great Britain; 3) Korea.

NY Times Article:  In Silicon Valley, Recruting Clashes With Immigration Limits

Coming to America: Expectations

An Iraqi blogger from the NY Times writes about her expectations about coming to America — in particular the education system.  She is Christian and worked for the NY Times as a translator in Iraq.  She will be coming to America soon.

The blog entry begins with this paragraph:

“I don’t know what I’m going to face in America. All of my opinions about America, and American universities, do not come from people who have been there or from people who have lived that life. They just come from watching movies.”

I believe it’s probably true — the image of America overseas is fashioned through movies.

Click here for the blog entry.

She’ll continue to write about her new life here in the US.  I’ll be curious as to how her expectations are met/exceeded/diminshed/not met as she lives here.  The perspective that she brings as someone on the verge of arriving here is something we forget as Americans — regardless of which side of the immigration debate you are on.

For me personally, a part of me believes in what she articulated in the blog entry above and I’m reminded of that everytime I read a narrative such as hers.

EB-5 Regional Center Program Extended

The US Senate just passed the 2009 Omnibus Appropriations bill. It is now headed to President Obama for approval, which is expected.

The EB-5 Regional Center Program extension (not to be mistaken with the regular EB-5 program) was part of the above bill. The earlier extension originally sunset earlier this week, but with the approval, the program will be extended until September 30, 2009.