H-1B CAP COUNT DROPS DUE TO DENIALS AND WITHDRAWALS

USCIS just reported a decline in the number of H-1B cap count from recent announcements. For the first time, USCIS reported that as of July 10, 2009, a total of 44,900 H-1B petitions were counted against the 65,000 annual cap limit, 900 less than the cap count of 45,800 at the end of May 2009, two months prior. This is probably not a calculation error by USCIS, but due to the large number of withdrawals, denials and revocations of H-1B petitions which exceeded the number of new H-1B petitions filed in the last few weeks. USCIS has been hitting hard a number of H-1B petitioners, mainly IT Consulting firms and small businesses, sending boiler-plate Requests for Additional Evidence for everything including the kitchen sink.

USCIS UPDATES H-1B CAP TO 44,500

USCIS issued an update that as of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed; still plenty of H-1B visas left.

H-1B CAP UPDATE FOR JUNE 5, 2009

USCIS released information that as of June 5, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. Plenty of room left, but this number is odd because it is lower than the number previously published. It is possible that over 1,000 petitions were alredy withdrawn or denied...

H-1B CAP UPDATE FROM USCIS - 45,700

Very slow advancement in H-1B visas this year: as of May 22, 2009, approximately 45,700 H-1B cap-subject petitions were filed, a small uptick from last week's notice. USCIS will continue to accept H-1B petitions.

USCIS ISSUES MEMORANDUM CLARIFYING THAT HEALTHCARE WORKERS ONLY NEED A LICENSE FOR AN H-1B PETITION

The May 20, 2009 Memo from Barbara Velarde, Chief of USCIS Service Center Operations brings a big win for health care employers who sued the agency over an erroneous interpretation of the law, mostly for physical therapists. USCIS was arguing that because the DOL's Occupational Outlook Handbook said a master's degree is now common for PTs, those with only a bachelors degree could not qualify for an H-1B even if they qualify for a license in their state. USCIS has now backed down from that position and stated that USCIS should not look beyond the state licensing requirement.
One important caveat is that this memo does NOT apply for nurses, but only for those occupations that USCIS already accepts qualify as specialty occupations.

USCIS UPDATES H-1B CAP COUNT

As of May 11, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions until they reach the statutory limits -- therefore those wishing to file still have the opportunity to do so.

H-1B VISA BLOG OFFICIALLY STARTED

Following popular demand for Q&A coming from my H-1B Book readers, I have started this blog in order to talk about issues and developments regarding the H-1B Visa.

Please post any questions or comments you may have, as I welcome your suggestions and ideas for improvements and hope to be a good resource for you all.

To order the H-1B Book by Karen Weinstock, published by Immigration Law Weekly, go to: http://www.ilw.com/store/THEH-1BBOOK.shtm