H1B FY 2012 Would Require Online Preregistration of Employers to File H-1B Cap Petitions

The Office of Management and Budget (OMB) has approved a proposed rule that would require employers to pre-register with U.S. Citizenship and Immigration Services (USCIS) before filing an H-1B cap petition. Details of the proposed rule are confidential and will not be disclosed until the proposed rule is published for public comment in the Federal Register. Pre-registration would not be implemented until an interim or final version of the regulation is approved by OMB and published. Though no implementation date has been specified, a pre-registration system could be in place in time for the Fiscal Year 2012 H-1B filing season, which begins April 1, 2011.

The purpose of the proposed system is to streamline the sometimes chaotic H-1B cap filing process. If the system is implemented, USCIS will ask employers to register online and wait until they are awarded an H-1B cap number in the annual lottery before submitting a full petition with supporting documentation. The agency anticipates that it will eventually use a pre-registration system for other classifications that are subject to annual caps, like the H-2B.

The pre-registration system has been in the OMB approval process since September, when USCIS’s draft proposed rule was first sent for government review. In October, the agency also sought approval of a proposed online pre-registration form that employers would use to apply for an H-1B cap number.

More details from OH Law Firm

• Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations: DHS is proposing to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes an electronic registration program for petitions subject to numerical limitations contained in the Immigration and Nationality Act (the Act). Initially, the program would be for the H-1B nonimmigrant classification; however, other nonimmigrant classifications will be added as needed. This action is necessary because the demand for H-1B specialty occupation workers by U.S. companies generally exceeds the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions.

• Statement of Need: USCIS proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B petitions for alien workers subject to either the 65,000 or 20,000 caps. This registration process would allow U.S. employers to electronically register for consideration of available H-1B cap numbers. The mandatory proposed registration process will alleviate administrative burdens on USCIS service centers and eliminate the need for U.S. employers to needlessly prepare and file H-1B petitions without any certainty that an H-1B cap number will ultimately be allocated to the beneficiary named on the petition. To ensure a fair and orderly distribution of H-1B cap numbers, USCIS evaluated its current random selection process, and has found that when it receives a significant number of H-1B petitions within the first few days of the H-1B filing period, it is extremely difficult to handle the volume of petitions received in advance of the H-1B random selection process. Further, the current petition process of preparing and mailing H-1B petitions, with the required filing fee, can be burdensome and costly for employers, if the petition is returned because the cap was reached and the petition was not selected in the random selection process. Accordingly, this rule proposes to implement a new process to allow U.S. employers to electronically register for consideration of available H-1B cap numbers without having to first prepare and submit the petition.

• Anticipated Costs and Benefits: USCIS estimates that this rule will result in a net benefit to society. Currently, employers submit a petition, at great expense, without any certainty that an H-1B cap number will ultimately be allocated to the beneficiary named on the petition. The new mandatory, Internet-based registration system allows employers to complete a much shorter and less expensive registration process for consideration of available H-1B cap numbers. The new system will also relieve a significant administrative burden and expense from USCIS. This rule will reduce costs for some employers and increase them for others. For employers that are not allocated a cap number and therefore do not ultimately file a petition, there will be a significant cost savings. Employers that are allocated a cap number and ultimately file a petition will experience the new and additional cost of filing the registration. Additionally, USCIS will incur additional costs to implement and maintain the registration system. USCIS has weighed the benefits and costs associated with this rule and determined that the benefits to society outweigh the costs.

• Risks: There is a risk that a petitioner will submit multiple petitions for the same H-1B beneficiary so that the U.S. employer will have a better chance of his or her petition being selected. Accordingly, should USCIS receive multiple petitions for the same H-1B beneficiary by the same petitioner, the system will only accept the first petition and reject the duplicate petitions

Stay tune to this website for more upcoming details.

H1B FY 2011 Cap Count - April 15, 2010

USCIS has received approximately 13,600 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,800 petitions for individuals with advanced degrees until April 15th, 2009..

H1B FY 2011 Cap Count - April 09, 2010

USCIS Continues to Accept FY 2011 H-1B Petitions

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. These updates and helpful filing information can be found at USCIS’ Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

Therefore, USCIS will continue to process all petitions filed. For more information on USCIS and its programs, visit www.uscis.gov.

H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

H1B FY 2010 Cap Count - September 25, 2009 - 46,700

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Senator Grassley's letter to Director of USCIS to ensure accountability in H-1B visa program

WASHINGTON – One year after an internal assessment showed extensive fraud and abuse in the H-1B visa program, Senator Chuck Grassley today is asking U.S. Citizenship and Immigration Services to hold employers accountable by requesting evidence from petitioners that H-1B visa holders actually have a job waiting for them in the United States.


In his letter to the director of U.S. Citizenship and Immigration Services, Alejandro Mayorkas, Grassley cited an Iowa company that was recently indicted for not having jobs available for the H-1B workers they petitioned for, and placing them in non-pay status upon arrival in the United States. Grassley also noted that the business allegedly submitted Labor Condition Applications with the U.S. Department of Labor that stated prevailing wage data for a location in Iowa rather than the higher prevailing wage for the location outside Iowa where the worker would actually be employed.


“The United States is in need of an immigration overhaul. Porous borders, shoddy workplace enforcement, and fraud-heavy guest worker programs all contribute to our illegal immigration problems. We don’t need a long, arduous legislative process to get at some of the problems. The agency can take immediate steps to eliminate fraud in the H-1B program, including cracking down on body shops that do not comply with the intent of the law. Employers need to be held accountable so that foreign workers are not flooding the market, depressing wages, and taking jobs from qualified Americans,” Grassley said. “Asking the right questions and requesting the necessary documents will go a long way in getting out the fraud in the H-1B program.”


Grassley also asked for an update on the steps being taken U.S. Citizenship and Immigration Services to alleviate other problems found in the 2008 benefits fraud and compliance assessment. The internal report found that more than 20 percent of petitions reviewed were based on fraud. Grassley has proposed several legislative changes to the program, but says this is something that can be done administratively to get at the fraud perpetrated by employers.


Here is a copy of the text of the letter to Mayorkas.


September 29, 2009


The Honorable Alejandro Mayorkas
Director
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, D.C.


Dear Director Mayorkas:


It’s been one year since U.S. Citizenship and Immigration Services (USCIS) released its benefits fraud and compliance assessment of the H-1B Non-immigrant Visa Program. This report evaluated the integrity of the H-1B visa program by reviewing a sample of petitions and by taking a comprehensive look at all aspects of the petition process. Unfortunately, the assessment showed that 20.7% of visa cases reviewed were identified as having outright fraud or other program violations associated with them.


Upon release of the benefits fraud assessment, I wrote to Acting Director Jonathan Scharfen to ask what steps USCIS had taken or would take to restore integrity in the program. Acting Director Scharfen reported to me that the agency had issued internal field guidance informing adjudicators of the findings and instructing them to make changes to how they adjudicate H-1B petitions.


While I appreciate the steps taken to alert USCIS Service Center adjudicators about the report and fraud indicators to be watchful for, I am surprised that no guidance has been provided to adjudicators, or to the public, about additional evidence to be gathered from petitioners. Adjudicators were told to “seek to resolve any and all issues through a Request for Evidence” but the guidance did not specify the evidence that should be requested of applicants. One of the changes that USCIS was considering, per Acting Director Scharfen, was clarifying what documentation must be submitted when the alien will be assigned by the H-1B petitioner to a third-party worksite.


We have seen substantial fraud and program violations by employers who bring in H-1B visa holders and then outsource them to other worksites. Such was the case with the indictment of Vision Systems Group, Inc. earlier this year in my home state. U.S. Immigration and Customs Enforcement alleges that the company did not have jobs available for the H-1B workers they petitioned for, and placed them in non-pay status upon arrival in the United States. Additionally, Vision Systems allegedly submitted Labor Condition Applications (LCAs) with the U.S. Department of Labor (DOL) that stated prevailing wage data for a location in Iowa rather than the higher prevailing wage for the location outside Iowa where the worker would actually be employed.


I seek your commitment to tackle this problem immediately. Simply put, adjudicators should be asking companies up front for evidence that H-1B visa holders actually have a job awaiting them in the U.S., i.e. that workers are not coming in only to be “benched” by employers and that the job the workers are filling is the same job and in the same location as the lob/location described in the LCA approved by DOL. I strongly encourage USCIS to request from petitioners that have stated they will be assigning H-1B workers to third-party worksites copies of relevant portions of any and all contracts or agreements between the petitioning company and the third-party worksites that prove the foreign workers will actually have work upon arrival and that the work will in fact be performed at the places described in the approved LCA and in the itinerary submitted with the petition. This evidentiary requirement should be instituted immediately so that USCIS can ensure that H-1B workers are filling true vacancies rather than taking jobs from qualified Americans.


Acting Director Scharfen also noted that the agency was considering other anti-fraud initiatives, including: changing the I-29 petition form; clarifying when a petitioner must file an amended H-1B petition based on a material change in employment; modifying the H-1B evidentiary requirements; prohibiting a petitioner from passing any fee associated with an H-1B petition to the beneficiary; and prohibiting subsequent filings by those who previously were found to have committed fraud in an attempt gain an immigration benefit. I would like an update on these efforts that were being considered by USCIS, including detailed explanations as to why any of them have been shelved or not implemented in the last year.


Acting Director Scharfen also reported that USCIS would “soon begin using independent, open source data available through commercial sources to obtain information regarding the petitioner that would be relevant to the adjudication of the petition.” Has any action on this “independent documentation” effort taken place? Do you, as the new Director, believe that such an initiative is worthwhile, efficient, and necessary?


In addition to the above-mentioned issues, I would like to know what other steps you are taking to alleviate the problems found in the 2008 benefits fraud assessment, including the following:


• Employees are working at locations not identified in the petition and/or Labor Condition Application (LCA);
• Actual job duties differing from those described in the LCA and petition;
• Failure to pay prevailing wage or required the beneficiary to pay some or all of the American Competitiveness and Workforce Improvement Act of 1998 fees;
• Use of fraudulent or forged documents or signatures; and
• Aliens misrepresenting they were maintaining status when returning to the U.S. even though they previously had failed to maintain H-1B status.



Fraud in the H-1B visa program only hurts companies that play by the rules and truly need highly skilled workers. For this reason, it’s vitally important that your agency take all steps necessary to eliminate abuse and take action against those who do not comply with the law.


When we met prior to your confirmation hearing, you committed to rooting out fraud and abuse in all visa programs, but specifically the H-1B visa program. Upon being confirmed, you also answered several questions for the record, including ones that I submitted about the H-1B visa program. You said, “I believe the existence of fraud in the H-1B visa program needs to be addressed forcefully.” Your statement complements that made by Secretary Napolitano herself in her testimony before the Senate Judiciary Committee last May: “From an enforcement standpoint, my priority is to make sure that there’s not fraud occurring within the H-1B program at all.” You also said you would promptly conduct a thorough review of USCIS programs to identify areas in need of improvement and in need of increased focus, and that you would develop a close working relationship with ICE to ensure that fraud and abuse are addressed through criminal prosecution.


I look forward to hearing about the thorough review that you promised to undertake as soon as you were confirmed. I appreciate your consideration of the issues I have raised, and await your speedy response to this letter.


Sincerely,




Charles E. Grassley
United States Senator

H1B FY 2010 Cap Count - September 18, 2009 - 46,000

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count - August 28, 2009 - 45,100

As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count - July 3, 2009 : 45,000

As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count : June 29, 2009

As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Bill gives in-state tuition to foreign professionals, families in Washington on H1B visa

A little-noticed measure passed by the Legislature and signed into law by the governor will extend in-state tuition rates at Washington state colleges and universities to foreign professionals at companies such as Microsoft and Amazon, as well as to their children and spouses.

Under House Bill 1487, which takes effect July 1, the foreign workers would qualify for the same tuition rate as state residents if they have been in the state at least a year on certain kinds of temporary work visas, such as the H-1B.

The measure passed amid a roiling budget crisis and hundreds of millions of dollars in cutbacks to higher education. It was nicknamed the "Microsoft subsidy bill" by some lawmakers who say the software giant and its workers surely could afford to pay the higher tuition rates.

Subject to lively legislative debate, the bill received little attention outside the Capitol. An analysis put the immediate tuition revenue loss at the University of Washington at about $430,000, with potential for bigger losses in future years, and about $215,000 at Washington State University.

State Rep. Ross Hunter, D-Medina, the bill's sponsor, retired from Microsoft in 2000 after 17 years. He said employers in his Eastside district sought the provision as a tool for recruiting foreign talent.

"There are a bunch of people in my district who are in this situation," said Hunter, who is running for King County executive.

The bill passed the House 59-38 and the Senate 31-13.

Lydia Tamez, associate general counsel and director of global migration at Microsoft, said it would allow Washington to attract and keep talented foreign professionals and to compete with about 13 other states, including Oregon, that already offer tuition breaks to foreign workers.

Microsoft has thousands of workers who may qualify.

The company said spouses of the visa holders often cannot work legally in the U.S., leaving the costs of college classes or pursuing a college degree to be borne on a single income.

"These are people who are here lawfully, and are going to be here for a long period of time," Tamez said. "It makes it affordable for workers who are your neighbors, pay taxes, buy homes and whose kids hang around with your kids to possibly earn a second degree at night."

A state resident who is a full-time undergraduate at UW will pay $7,677 in tuition and basic fees next year, compared with $24,352 for a full-time nonresident student. Read Full Article ...

H1B FY 2010 : Applicants are receiving I-797 approval valid for less than 3 years

There are few reports that applicants who applied for H1B FY 2010 are receiving I-797 Approval with visa validity less than 3 years. This is especially true for the cases filed by staffing and consulting companies.

This is particularly seen with cases, if an applicant has received a request for evidence (RFE) requesting a client letter and project details. Successively, if petitioner fails to submit a project detail stating that beneficiary's services will be needed for next 3 years, individual is more prone to get approval with visa valid for number of years as stated in the clients letter.

In order to avoid such cases, please make sure that your client letter states that services is required for next 3 years. Even if an individual receives an approval with visa valid for less than 3 years, he can extend his visa for the period of next project in the same way as done with regular H1B extension. But this will add to bearing cost of H1B visa for an employer.

H1B FY 2010 Cap Count : June 19, 2009

As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count : June 12, 2009

As of June 12, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count, June 5, 2009 : Visa Numbers Rollsback - 44,400

As of June 5, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

This is 1,400 number less than what USCIS announced on May 29, 2009. USCIS has deducted erroneous filed cases from the total count. This is first time that we have ever seen rollback in H1B Visa Cap number from USCIS. Very encouraging.

Senators Durbin-Grassley: When will we get our Reform Bill?

Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) introduced the H-1B and L-1 Visa Reform Act last month–that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.

Senator mentioned in their bill that they would mend H-1B visa program, not end it, while making reasonable reforms that will not reduce H1Bs which are available. Bill talks about amending H1-B and L1-B visa programs. Some of the key requirements of the bill are

• Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.

• Prohibit the blatantly discriminatory practice of “H-1B only” ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders.

It is rational by all means that Senators want to protect American workers and would like to prevent abuse and fraud that take place at some companies, especially the one which relates to replacing American worker group. But Senators should note that DOL is already getting tough on scrutinizing LCAs from petitioners and USCIS would not approve cases unless petitioner is clean. So DOL/INS is already working on overcoming some loopholes. This bill would not add anything to what DOL/USCIS is currently working on. There is no need of such amendment in the system when steps are already taken. This bill will do nothing but restrict employer from hiring skilled workers to avoid unnecessary audits and paperwork.

If Senator’s main objective behind such bills is to overcome the loopholes in H-1B and L1-B visa program, then there are other ambiguities in the program that should be addressed. Some of these ambiguities are:

• H1-B and L1-B workers pay Social Security and Medicare taxes every year. Once skilled worker leaves the country, not an iota of this tax is returned, but rather goes into Federal Reserve. Program calls for immediate reform to amend the system that will allow returning skilled worker to withdraw their contribution. These taxes should be returned fully, or at least some percentage should be available to withdraw. This could be based on number of years skilled worker was in the country.

• L1-B program allows dependents to obtain EAD and work full-time while the principal beneficiaries are in the country. Such amendment should be added to H1B program as well. Spouses of these skilled workers are well educated and could contribute to American economy. Currently spouses (H4 visa beneficiary) either have to give up their career to accompany the principal beneficiary or have to wait long time till they could find a petitioner to file their work visa to join them. Amendment in the program could also be achieved by counting these dependents towards small amount of H1B visa number cap, and their case being approved depending on individuals skill set. DOL could also issue H4 visa approved skilled occupations by which they will qualify for some visa numbers.

• H1-B worker when laid off, has only 2 weeks to find a new job that will transfer their H1-B visa. Unsuccessful to find a job, they become out of status and have to leave the country in 10 days. Country allows Americans to collect unemployment benefits for 33 weeks (46 weeks with a new rule), assuming that individual will take at least 33 weeks to find a new job. Similar time period should be provided for skilled workers as long as he/she has valid 3 years on his/her visa left. It is totally impractical to find a new job in 2 weeks.

• Most of the skilled worker visas are utilized by Computer/IT/Software engineers. System calls for different visa-type for such workers. H1B visa should only be available for other occupations. Cap on H1B visa could be reduced if new form of visa will be available of Computer/IT/Software workers.

• Employment based green card program should have quota based on occupation (Science, Technology (IT), Engineering, Mathematics, Business, Management, Healthcare and so on) and not based on countries. For America to prosper, it need skilled workers based on their qualification and not based on race. DOL/DHS could issue occupation pressure list every month, thus making quota current and unavailable as per need.

There is an acute need to have aforementioned reforms in the system. When will we see such amendments or bills from these Senators that will benefit skilled worker class? Or as said by various source, all we should expect from them is more xenophobic legislation?

H1B FY 2010 Cap Count Update: May 29, 2009

As of May 29, 2009, approximately 45,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B FY 2010 Cap Count Update : May 26, 2009

As of May 22, 2009, approximately 45,700 H-1B cap-subject petitions and
approximately 20,000 petitions qualifying for the advanced degree cap
exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B
petitions have been received to reach the statutory limits, taking into
account the fact that some of these petitions may be denied, revoked, or
withdrawn.

Occupations related to IT and Computer Engineering removed from Canada AINP Program (US H1B visa holder category)

On May 19, 2009, Canada removed all the occupation related to Computer and Software Engineering from H1B AINP Occupations under Pressure list.

Last year Canada announced AINP Program for individuals in H1B category (US visa holder category). AINP is an immigration program operated on behalf of the Government of Alberta by the Ministry of Employment and Immigration in conjunction with Citizenship and Immigration Canada (CIC) to expedite the processing of an application for permanent residence.

The AINP is designed to support Alberta's economic growth by attracting labour-market-destined immigrants to the province.

Individuals nominated by the Province of Alberta, together with their spouse and dependent children, are eligible to apply for a permanent resident visa through CIC as a Provincial Nominee. CIC expedites permanent resident applications from Provincial Nominees and makes final decisions on the permanent resident applications.

US visa holder category

To be eligible in this category, you must be currently working in the United States on a valid temporary skilled worker visa in an occupation that is in demand in Alberta.

Purpose

The objective of the U.S. Visa Holder Category is to facilitate the entry of U.S. visa holders currently working temporarily in the United States, into Alberta’s permanent labour force.

U.S. visa holders in specific visa categories, working in skilled occupations in high demand in Alberta, may be eligible to apply to the Alberta Immigrant Nominee Program (AINP) without an application from an Alberta employer.

Criteria for AINP Candidates under the Strategic Recruitment Stream U.S. Visa Holder Category (includes but is not limited to):

• A Candidate must demonstrate a clear ability and intention to live permanently in Alberta;
  
• A Candidate must be currently working in the United States and possess a valid visa in one of the following temporary skilled worker visa categories: H1-B, H1-B1, H-1C, E-3 at the time the AINP makes a final decision on the application;
  
• A Candidate must have a minimum of one year of work experience in the United States in one of the qualifying visa categories listed above; and,
  
• The Candidate’s current occupation must be on the AINP Occupations Under Pressure List for the Strategic Recruitment Stream – U.S. Visa Holder Category. Please note that this list is reviewed regularly and occupations may be added or removed based on Alberta’s current labour market needs.
  
  Important note: An updated version of the AINP Occupations Under Pressure List was posted on May 19, 2009. Any applications postmarked on or before May 19, 2009 will be assessed based on the previously posted list. All applications postmarked after May 19, 2009 will be assessed based on the list currently posted.
  

H1B FY 2010 : Case Status Not Available Online

Few Applicants are reporting that even with the valid USCIS Receipt number for H1B FY 2010 case, they are not able to view the status online on USCIS website. Individual is receiving an error "Your case cannot be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283"

USCIS do try to keep up the records current with the case status, but there are times that one would not see any updates till few days. It could take as long as 15 days to see updates on the system. I know of a person who received an approval for H1B FY2010 last week, but his case status still shows pending on USCIS website. Some times error could also be due to regular maintenance scheduled by USCIS.

Wait for few days to see if the case is updated. If not then call National Customer Service Center at 1-800-375-5283. Customer Representative should be able to help you with your case. If the petition has been pending for more than 6 weeks, ask your attorney/employer to send a letter with a copy of the receipt notice enclosed requesting a case status.

H1B FY 2010 Cap Update: May 18, 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.
USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be found on the USCIS Web site at www.uscis.gov/h-1b_count.