Some good news regarding H-1B statistics data. USCIS recently released statistics on H-1B receipts, approvals, denials and other statuses such as administrative closures for FY2012.
According to the statistic, in Fiscal Year 2012, USCIS received 93,152 application and approved 85,273 H-1B cap cases (the others are transfers or change of employers).
Out of all H-1B cases, USCIS has denied 3,899 cases (versus 5,575 denials the year before on approximately the same number of filings in FY 2011), so this is a good trend that less of these petitions are denied overall. However, no statistic was issued on the number of H-1B RFEs (or requests for additional evidence). This is a significant improvement over FY 2010 where 102,343 H-1B petitions were filed and a whopping 12,120 were denied. This was mainly due to the issuance of the Neufeld memo on the employer-employee relationship and a high rate of denial for IT consulting companies that have been hammered by that memo. Now it is better and approvals are forthcoming even for IT consulting clients.
Overall, there is some good news here with less denials - however the administrative closure and other actions - in 2,163 petitions versus 1,719 in FY2011 may indicate that more petitioners withdrew H-1B petitions versus last year for unknown reasons.
Wednesday, December 19, 2012
Thursday, December 6, 2012
USCIS DIRECTOR ACKNOWLEDGED WEAKNESS OF IMMIGRATION SYSTEM
From ILW.COM:
Speaking at MIT recently, USCIS Director Alejandro Mayorkas acknowledged that our current immigration system is stifling economic prosperity, particularly in the high-tech and start-up fields. To combat this, Mayorkas notes the service is training additional adjudicators to handle petitions like H-1B's and that adjudicators have been advised to be somewhat less critical of petitions coming from start-ups than they were five years ago. Professor Vivek Wadhwa lauded Mayorkas' moves, but also raised the continuing issue of human error that USCIS has not been able to properly address - that the same petition before different adjudicators might yield disparate results. Wadhwa was also critical of the USCIS policies that make movement by entrepreneurs difficult and time consuming, often to a point where those bright people choose not to bother with hassle that accompanies immigrating to the U.S. USCIS deserves some credit for publicizing immigration options for entrepreneurs, like through the new "Entrepreneur Pathways" website, but the service has not yet done the heavy lifting, so to speak - relaxing its draconian policies that Mayorkas publicly admits no longer work in today's global economy and cutting out unnecessary red tape. How else can and should the service tackle this growing problem?
Here are a few ideas of my own:
First, get rid of the Neufeld memo requiring "employer-employee" relationship in the H-1B context. This is ridiculous that an entrepreneur who is a majority shareholder in a business cannot legally work in it under an H-1B visa. It was allowed before and should be allowed now. Other temporary visa types permit this, why is the H-1B different?
Second, limit the RFEs or request for additional evidence in legitimate cases. Open up communications with immigration lawyers who can pinpoint problems in the system and punish/discipline USCIS officers who are abusing the system and creating problems for legitimate applications.
Third, approve National Interest Waiver or NIW petitions for entrepreneurs that have technology inventions or employ a certain number of U.S. citizens.
I have a few more ideas but the top 3 are the most critical right now.
Speaking at MIT recently, USCIS Director Alejandro Mayorkas acknowledged that our current immigration system is stifling economic prosperity, particularly in the high-tech and start-up fields. To combat this, Mayorkas notes the service is training additional adjudicators to handle petitions like H-1B's and that adjudicators have been advised to be somewhat less critical of petitions coming from start-ups than they were five years ago. Professor Vivek Wadhwa lauded Mayorkas' moves, but also raised the continuing issue of human error that USCIS has not been able to properly address - that the same petition before different adjudicators might yield disparate results. Wadhwa was also critical of the USCIS policies that make movement by entrepreneurs difficult and time consuming, often to a point where those bright people choose not to bother with hassle that accompanies immigrating to the U.S. USCIS deserves some credit for publicizing immigration options for entrepreneurs, like through the new "Entrepreneur Pathways" website, but the service has not yet done the heavy lifting, so to speak - relaxing its draconian policies that Mayorkas publicly admits no longer work in today's global economy and cutting out unnecessary red tape. How else can and should the service tackle this growing problem?
Here are a few ideas of my own:
First, get rid of the Neufeld memo requiring "employer-employee" relationship in the H-1B context. This is ridiculous that an entrepreneur who is a majority shareholder in a business cannot legally work in it under an H-1B visa. It was allowed before and should be allowed now. Other temporary visa types permit this, why is the H-1B different?
Second, limit the RFEs or request for additional evidence in legitimate cases. Open up communications with immigration lawyers who can pinpoint problems in the system and punish/discipline USCIS officers who are abusing the system and creating problems for legitimate applications.
Third, approve National Interest Waiver or NIW petitions for entrepreneurs that have technology inventions or employ a certain number of U.S. citizens.
I have a few more ideas but the top 3 are the most critical right now.
Tuesday, December 4, 2012
HOUSE PASSES STEM BILL
The STEM Jobs Act (H.R. 6429) has passed the U.S. House of Representatives. This is a bill to allow 55,000 additional immigrant visas to U.S. graduates of STEM (Science, Technology, Engineering and Mathematics) in advanced degree programs.
However, the House bill is not likely to pass the Senate because this is not really an increase of the overall immigrant visa pool, which is what is really needed (both for the advance degree category known as EB-2 and the professionals or skilled workers known as EB-3).
The STEM Jobs Act would end the Diversity Visa (DV) lottery program that awards visas to people from countries with low rates of immigration to the U.S. to increase the diversity of immigrants coming to the U.S. Many Democrats oppose ending that program and President Obama also opposes the STEM bill because he wants it as part of comprehensive immigration reform, which he wants to pass next year.
Comprehensive Immigration Reform is sorely needed but smaller steps would also be very helpful. There are many things the President and USCIS Director Mayorkas could do now to fix without the need to wait for Congress. I am waiting on Director Mayorkas to call me at 770-913-0800 and I will explain (but I will not be holding my breath)...
However, the House bill is not likely to pass the Senate because this is not really an increase of the overall immigrant visa pool, which is what is really needed (both for the advance degree category known as EB-2 and the professionals or skilled workers known as EB-3).
The STEM Jobs Act would end the Diversity Visa (DV) lottery program that awards visas to people from countries with low rates of immigration to the U.S. to increase the diversity of immigrants coming to the U.S. Many Democrats oppose ending that program and President Obama also opposes the STEM bill because he wants it as part of comprehensive immigration reform, which he wants to pass next year.
Comprehensive Immigration Reform is sorely needed but smaller steps would also be very helpful. There are many things the President and USCIS Director Mayorkas could do now to fix without the need to wait for Congress. I am waiting on Director Mayorkas to call me at 770-913-0800 and I will explain (but I will not be holding my breath)...
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