May visa bulletin
The Department of State has released the May Visa Bulletin.  Unfortunately, the DOS has announced that all EB3 categories across the board have become “Unavailable” and will remain so until the next fiscal year, starting in October. The Bulletin writes, “The cut-off dates for the Employment Third and Third preference “Other Worker” categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits.   Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high.  As a result, these annual limits have been reached and both categories have become “Unavailable.”  

http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html

 

H-1B CAP NOT REACHED!!!
The first time in the last several years, the USCIS has not received enough H-1B petitions to meet the congressionally mandated cap. The USCIS announced that it has received 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. All H-1B filings that have been filed and received by April 7, 2009 will be accepted by USCIS.  USCIS continues to accept regular cap-subject H-1B cases. It remains to be seen for how long the H-1B visa cap remains open and available. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases, however, since prior experience has proven that not all accepted cases will be approvable.

 

When the USCIS declares that the H-1B visa cap is met, all cases receipted on the last day will be subject to a random lottery.  Until the USCIS declares that the H-1B visa cap has been met, cap-subject H-1B cases may continue to be filed. 

For USCIS press release see:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3da3c1090b80210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

 

From last count (April 20^th), the USCIS has received 44,000 H-1B petitions subject to the cap. The Master’s cap has been reached having received 20,000 petitions. See: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58d891f4984c0210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

A SIGN OF THE TIMES???

In the wake of the cap not being reached, media reports are being published as to the cause for such a low number of new filings. The New York Times published an article entitled “Applications for Foreign Worker Visas Are Down”, looking at the cause behind the low demand. In the article, the author Kirk Semple points to economic downturn, and new restrictions on companies receiving TARP funds as possible causes. However, a representative from the USCIS claims this lack of filings is just a reflection of demand going “back to normal”. She called the last two years where the cap was reached in record times “anomalies”. For full article see:

http://www.nytimes.com/2009/04/09/us/09visa.html

 

 

MICROSOFT DEFENDS H-1B PROGRAM

Despite filing less H-1B petitions this year than in past years, Microsoft's General Counsel Brad Smith defended the H-1B program. “High-skilled workers, from all backgrounds and from all across America and around the world, have made America’s high-tech companies the envy of the world.  Their importance has not changed despite the dramatic changes in our economy.  Talented and knowledgeable people are what America needs most to restart our economy and keep American companies at the forefront of the technology revolution that will transform health care, energy, and education in the years to come,” Counsel Smith posts to the Microsoft website. "While the number of visa holders is very small compared to the U.S. workforce, their contribution is huge.  For example, last year 35 percent of Microsoft's patent applications in the U.S. came from new inventions by visa and green card holders.  The situation at other U.S. technology leaders is probably very similar.  And a recent study found that for every H-1B position requested, U.S. technology companies increase their employment by 5 new jobs."

 

For full posting see: http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/03/30/appreciating-our-immigration-system.aspx

 

COMPANY FINED OVER $509,000 IN BACK WAGES TO H-1B WORKERS

Cognizant Technology Solutions Corporation, one of the largest users of the H-1B program, has recently been found to owe $509,607 in back wages to 67 H-1B workers. The company violated the provisions of the H-1B program that require employers to pay H-1B workers at the same rates as US workers in the same position.  According to the Department of Labor, Cognizant failed to pay "the proper wages, failed to offer all H1-b workers equal benefits or eligibility for equal benefits, and failed to maintain required records.”

http://www.tradingmarkets.com/.site/news/Stock%20News/2249637/

 

 

APPLICABILITY DATE FOR E-VERIFY FEDERAL CONTRACTOR RULE EXTENDED UNTIL JUNE 30, 2009

The USCIS has announced that the applicability date for the rule requiring federal contractors and subcontractors to begin using the e-Verify system has been pushed back until June 30, 2009. According to the USCIS, this extension will allow the Administration adequate time to review the entire rule.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f2ae9d63361b0210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

 

 

EMPLOYERS MUST USE NEW I-9 FORM

As of April 3^rd, the USCIS has implemented a new I-9 form that must be used by all employers. The new form has a revision date of 2/2/09 on the bottom right hand corner of the form and can be found on the uscis.gov website.  In addition to the new form, employers must follow the new rules which limit the list of acceptable documents that can be used for identity and prohibits employers from accepting expired documents as proof of identity. Specifically, the new rule:

·   Requires that all documents presented during the verification process be unexpired;

·   Eliminates List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);

·   Adds foreign passports containing certain machine-readable immigrant visas to List A;

·   Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI ;

 

http://www.hammondlawfirm.com/alerts/04.02.2009_I-9.htm