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6/6/2006 IMMIGRATION ALERT
LEFT OUT BY THE H1 QUOTA, NOW WHAT?
On June 1, 2006, the USCIS announced that the
H-1(b) quota for cap-subject H-1(b) visas had been reached on May 26, 2006.
The notice (available here:
http://www.uscis.gov
) has caused a lot of anguish in the
immigration community because it was released almost a week after the quota
had been reached. As many as 20,000 H-1(b) cases were filed between May 26
and June 1 and will now have to be returned. Fortunately, all cases filed
during that interim period will be returned and no USCIS filing fees will
accrue. This is, however, of little help to someone who was counting on
petitioning for an H-1(b) worker.
There is a chance that Congress may increase the H-1(b) quota as a part of
its Comprehensive Immigration Reform (CIR). HLG has a blog specifically
dedicated toward monitoring the progress of this matter. Please visit:
http://hammondlawgroup.blogspot.com/
If this issue is important to you, you should contact your Senator and/or
Representative and let your voice be heard. You can contact them very
quickly by clicking this link:
http://capwiz.com/aila2/issues/alert/?alertid=5183421
Telephoning the Congressman is the most effective means. It takes only a few
minutes.
There are several options available for cases that were shut-out as a result
of the H-1(b) cap.
- If the Beneficiary for employment is a graduate of a US Masters degree (or
higher) program, the case may still be filed. There is a separate category
for these candidates. As of publication, about 1/3 of the 20,000 visas
available under this "Masters exception" have been used. You can monitor the
progress of this quota on the USCIS' web site, here:
http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
- Chilean and Singaporean nationals have a special 6,800 visas set aside
during the fiscal year for the H-1B1 program under the terms of the
legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade
Agreements. In the past, this quota has never been reached.
- Certain non-profit research organizations and higher education
institutions are exempt from the general and Masters H-1(b) quotas.
- Canadian nationals may be petitioned under the TN visa classification
provided by the NAFTA agreements. There is no annual quota on TN cases.
There is a discrete list of TN occupations that are eligible, which can be
found here:
http://travel.state.gov/visa/temp/types/types_1274.html#16.
- Australian nationals may be eligible for the new E-3 visa, which is
generally eligible to all Australians who would otherwise qualify for an
H-1(b).
- Physical Therapists may find it quicker to apply for a Permanent Residency
visa (green card), than to wait for the H-1(b) quota to come back on-line.
Similarly, Extraordinary-Ability Workers, Outstanding Researchers and
persons whose work is in the National Interest all qualify for expedited
Permanent Residency.
- Many other visa categories - e.g. E, L, and
O - do not have annual quotas. These may be available options. You can learn
about these categories here:
http://www.hammondlawfirm.com/business_visas_main.htm
You should also note that "cap-subject" H-1B visas are only those cases for
new hires, who have never previously held H-1B petitions. For instance,
students, off shore hires, and those wishing to change from another visa
classification are subject to the quota. "Company transfer" H-1B visas are
NOT subject to the cap.
Please contact your HLG immigration attorney if you were shut-out by the
H-1(b) quota and believe that one of these options may apply to your cases.
Keep up with the latest Immigration News by signing up
for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration
Quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
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