PRINCE GEORGE'S COUNTY SCHOOLS TO PAY $4.2 MILLION FOR H-1B VIOLATIONS

The U.S. Department of Labor announced that Maryland's Prince George's County Public Schools system has agreed to pay over $4.2 million in back wages to H-1B employees for alleged violations of the H-1B temporary worker program. This is after a DOL investigation found H-1B violations. In a settlement agreement the public school system agreed to pay a whopping $4,222,146.35 (yes, and 35 cents).
They are also to pay $100,000 in civil penalties.
The school system is also debarred from the H-1B program for 2 years after the final decision in the case as well as debarred from filing immigrant visa applications for employees (I-140's).

USCIS UPDATES 2012 H-1B COUNT ON 7/7/2011: AT 19,000

USCIS just issued another H-1B visa cap update. As of July 7, 2011, they have received approximately 19,000 H-1B petitions subject to the FY2012 regular cap plus approximately 12,200 petitions subject to the advanced degree cap.
This was a slower week for H-1B receipting (probably due to the July 4th holiday), only 600 petitions under the regular cap were receipted (down from 1,000 the week before).

USCIS UPDATES 2012 H-1B COUNT ON 7/1/2011: AT 18,400

USCIS just issued another H-1B cap update. As of July 1, 2011, they have received approximately 18,400 H-1B petitions subject to the regular cap plus 11,900 petitions subject to the advanced degree cap.
From the previous week that is exactly 1,000 petitions that were received. If it continues at this rate, the cap will be reached into 2012 sometime in Q1.
More updates to follow.

USCIS UPDATES 2012 H-1B COUNT ON 6/24/2011: AT 17,400

USCIS just issued an H-1B cap update - as of June 24, 2011 USCIS has received approximately 17,400 H-1B petitions subject to the 2012 cap year. It advanced about 1,000 since last week which is still a very slow pace. USCIS has received 11,300 petitions subject to the U.S. master's degree or higher.
Happy 4th of July holiday!

USCIS UPDATES 2012 H-1B COUNT ON 6/17/2011: AT 16,300

USCIS just issued another H-1B cap update for cap-subject petitions for FY 2012 starting on October 1, 2011.
As of June 17, 2011, USCIS has received approximately 16,300 H-1B cap-subject petitions under the regular cap plus 10,800 H-1B petitions for foreign-nationals with advanced degrees.
It's trickling down very slowly, to mirror the slow economy...

USCIS UPDATES 2012 H-1B COUNT ON 6/15/2011: AT 15,200

USCIS just issued another H-1B cap update. As of June 15, 2011 they have received 15,200 H-1B petitions subject to the regular cap plus 10,200 petitions subject to the master's degree cap. Still low usage but picking up -- the master's degree cap is more than 50% subscribed which actually shows that almost half of the H-1B applicants so far were people with advanced degrees obtained in the U.S. (which are master's or higher). Kudos for our highly educated H-1B workforce.

US DISTRICT COURT RULES IN FAVOR OF H-1B EMPLOYEE IN EL BADRAWI

A federal district court judge in Connecticut ruled in favor of an H-1B employee who was arrested by ICE after his I-94 expired but during a period where a timely extension for him was filed with USCIS. The case is El Badrawi v. United States, No. 07-01074 (D. Conn. 2011).
The judge held that ICE lacked probable cause to arrest an H-1B employee who remained in the United States pending the adjudication of a timely filed extension application on his behalf. The judge used the arguments filed in an amicus brief by the Immigration Council and AILA, and recognized that 8 C.F.R. § 274a.12(b)(20) allows an H-1B employee to continue working for up to 240 days after the expiration of an authorized period of stay while a timely filed extension application remains pending.
Because this regulation addresses work authorization granted incident to status, the court reasoned that work authorization is part and parcel of the authorization to be in the country, not a separate matter. The district court also found that the government’s contrary interpretation would present grave due process concerns, since El Badrawi lacked notice that government agents could arrest, detain, and remove him during the period in which he enjoyed continued employment authorization legally.
With supporting declarations from three companies that rely on H-1B workers, the amicus brief argued that arresting non-citizens with pending extension applications could disrupt key sectors of the U.S. economy and undermine the goals of the H-1B program.
Since the government could also not show hardship to it and the basic unfairness that on arm of DHS (USCIS) does not adjudicate the extension fast enough while another arm of DHS (ICE) seeks to remove a person at the same time the balance of equities strongly favored the employee, as the court's just decision shows.