CHECK OUT OUR NEW WEBSITE

We recently launched a new website targeted to physicians, please check it out: http://www.physiciansimmigration.com/
I will be happy to hear feedback on it.

USCIS UPDATES 2012 H-1B COUNT ON 10/7/2011: AT 41,000

USCIS just issued another H-1B cap update. As of October 7, 2011, they have received approximately 41,000 H-1B petitions towards the 65,000 annual cap. They have also received approximately 19,100 H-1B petitions towards the Master’s Exemption of 20,000.
The master's degree quota will probably be exhausted in a week.
The regular quota is increasing at a higher rate of about 2,000 per week now, once the master's degree quota is exhausted, the regular cap will move faster.

STEVE JOBS AND IMMIGRATION

By now you probably all have heard yesterday about the death of Steve Jobs, one of the world's greatest entrepreneurs.
You probably also know that Steve Jobs started Apple with a high school friend in a Silicon Valley garage in 1976, was forced out a decade later and returned a decade later in 1997 to rescue the company. Now it is the most valuable technology company in the world with a market value of $351 billion (largest market cap). He has been responsible for innovation of the personal computer, iMac, iPod, iPhone iPad, and many others.
It led me to think, what would happen if Steve Jobs was born outside the United States? Maybe up north in Canada or down south in Mexico (or anywhere else for that matter)? Apple would probably be dead in the water and no one would have an iPhone or iPad.
The H-1B immigration laws do not support visas for entrepreneurs who are high school or college dropouts (unless they have lots of years of experience under their belt). Also, the current USCIS policies prohibit sponsorship of H-1B visas for entrepreneurs who hold a significant ownership interest in their companies.
Too bad that USCIS doesn't think in these terms. In a recent stakeholders meeting with USCIS headquarters they reiterated that the Neufeld memo is still in effect and they are not accepting any changes to it. Litigation is the only option.

SSA OIG REPORT FINDS H-1B VISA VIOLATORS

A recent report (September 2001) by the Social Security Administration's (SSA) Office of Inspector General (OIG) reviewed use of a social security number (SSN) by approximately 38,000 H-1B visa holders to whom SSA issued a number.
Based on the results of the OIG's review, they estimated that about 7,131 (18 percent) of the 38,546 H-1B workers to whom SSA assigned an SSN in 2007 may have used their SSNs for purposes other than to work for their approved employer. This estimate includes about 4,433 (11 percent) H-1B workers who had posted wages during their audit period from an employer other than their DHS-approved employer. This estimate also includes about 2,698 (7 percent) H-1B workers who had no posted wages from 2007 through 2009.
The writers of the report recommend that to enhance SSN integrity, SSA should contact DHS to establish a data match agreement to assist DHS’ efforts to identify and reduce the number of H-1B workers who are violating their status or using their SSNs for purposes other than to work for their approved employer.
I am not sure how they conducted these checks and whether they considered change of employer petitions that are very frequent that lead to H-1B portability (the ability to work for the new employer as soon as it files a new H-1B petition) but it's only the beginning of additional scrutiny by DHS of H-1B workers.

USCIS UPDATES 2012 H-1B COUNT ON 9/9/2011: AT 32,200

At just over 1,000 new H-1B petitions per week, USCIS just issued an H-1B cap update. As of 09/09/2011, USCIS has received approximately 32,200 petitions subject to the regular annual cap of 65,000 plus approximately 16,700 H-1B petitions subject to the advanced degree quota of 20,000.
As the advanced degree quota is nearly maxed out, and the regular quota is more than 50% subscribed, employers will start feeling pressure to file in the next few months before the quota is exhausted.

DOL ON PREVAILING WAGE DETERMINATIONS FOR H-1B'S

The Department of Labor's Office of Foreign Labor Certification (OFLC) issued a statement regarding delays in issuing prevailing wage determinations and H-1B Labor Condition Applications (LCAs).
The short version of the 2-page FAQ is that H-1B prevailing wages are still in backlog because of the H-2B litigation (same as PERM PWDs) and the DOL is recommending to employers to use alternate wage sources to obtain the prevailing wage for example from the OFLC online data center. However, this does not have the safe harbor provision if the employer used its own source rather than wait for the NPWC's determination.
The FAQ is available at: http://www.foreignlaborcert.doleta.gov/pdf/PWD_FAQ_Backlog.pdf

USCIS UPDATES 2012 H-1B COUNT ON 8/16/2011: AT 29,000

USCIS just issued an H-1B update: as of August 26, 2011, USCIS has received approximately 29,000 H-1B petitions subject to the regular cap plus approximately 15,800 petitions subject to the advanced degree quota.
Demand is slowly increasing but still plenty of visas left.