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  1. H-1B Petitions Subject To The Cap Are Still Available!

    by , 04-21-2009 at 08:54 AM (The H-1B Visa Blog by Siliato and Malyk)
    USCIS recently announced on its website an updated the tally of H-1B petitions received and counted towards the H-1B cap. As of April 20, USCIS has received approximately 44,000 H-1B petitions that will count toward the Congressionally-mandated 65,000 general cap.  As such, USCIS has advised that the agency will continue to accept petitions subject to the general cap.
    Additionally, USCIS reports to have received approximately 20,000 petitions for foreign nationals with advanced degrees.  Notwithstanding, USCIS advises that it will continue to accept advanced degree petitions as prior experience dictates that all Masters Cap petitions received are not necessarily approvable. Congress mandates that the first 20,000 of the Masters Cap petitions are exempt from any fiscal year cap on available H-1B visas.  
    This presents a very unique opportunity for those employers who may have opted not to file H-1B petitions for otherwise eligible workers because of the potential for wasted efforts and resources should such petitions not be selected in the anticipated lottery.  This is not to say that no such risk exists; however, based upon this updated news, it appears there is plenty of availability under the regular cap, as well as a window of opportunity under the U.S. master's cap if you act promptly.
    For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.
    Post Authored By: Scott R. Malyk, Esq. of Meyner and Landis LLP

    by , 04-21-2009 at 04:23 AM (Greg Siskind on Immigration Law and Policy)
    Did Sheriff Joe realize he was being made fun of the whole time? Favorite line - Congrats on your Pulitzer

    The Colbert ReportMon - Thurs 11:30pm / 10:30cJoe Arpaiocolbertnation.comColbert Report Full EpisodesPolitical HumorNASA Name Contest
  3. Physicians To Benefit From H-1B Slowdown
    Do you have the mistaken assumption that H-1B visas are strictly the province of computer professionals? In reality, almost half of H-1B visas are utilized by health care and education professionals.

    This year's minimal H-1B usage is a boon to physicians finishing their medical residencies and fellowships. Why? Because, unlike last year when the H-1B cap was reached in the first week of the program, this year only 42,000 H-1B petitions were submitted toward the 65,000 cap. What's more, employers submitted a mere 1,000 petitions in the second week and another 1,000 during the third week. At this rate, the 65,000 cap won't be reached until sometime in September.

    So, how does this help foreign-born physicians?

    A little historical perspective is helpful. Prior to 1991, the only temporary visa category available to physicians who wanted to pursue medical residencies and fellowships in the U.S. was the J-1 exchange visitor visa. That year, Congress passed the Miscellaneous and Technical Immigration and Naturalization Amendments which, for the first time, permitted physicians who had successfully completed all three parts of the United States Medical Licensing Examination (USMLE) to obtain H-1B visas to pursue their residencies and fellowships.

    In general, most physicians prefer to do their training on H-1B rather than J-1 visas since the latter category comes at a steep price. J residents and fellows are compelled to return to their home countries for a minimum of two years before they can return to the U.S. on H-1B visas or as permanent residents. Alternately, they can obtain a "waiver" of this requirement, usually by being sponsored by a government agency and practicing for three years in a medically-underserved area.

    H-1B residents and fellows have no such requirement. However, most residents and fellows complete their training for H-1B "cap-exempt" employers, usually universities or hospitals which are affiliated with universities. This subjects them to another requirement.

    Although these physicians are not subject to the home residency requirement, they are restricted in the type of employers that they can work for after they complete their training. This is because their training usually ends on June 30th. Since "cap-subject" H-1Bs were not available beyond the first week of April for the past couple of years, these physicians have been restricted working at "cap-exempt" jobs. That is, they must practice medicine at a university, at an institution which is related or affiliated with a university, at a nonprofit research institute or at a government research institute. Such jobs are hard to come by.

    However, this year is different. Since it is all but certain that the H-1B cap will not be reached by June 30, H-1B medical residents and fellows will be able to transition from "cap-exempt" training programs to "cap-subject" jobs which begin on October 1st.

    A word to the wise. Physicians who accept jobs in affluent areas can qualify for H-1B status, but it is doubtful that they will qualify for permanent residency through employer sponsorship. Therefore, savvy physicians will look for jobs in areas where the number of physicians are few and where American physicians are reluctant to practice, mainly in inner city and remote rural areas. This way, they will be able to qualify for permanent residence either through PERM or National Interest Waivers.

    For additional information about temporary visas and permanent residence for physicians, job opportunities and "how to" immigration videos, see our "Physicians" web page at

    Subscribe to our free, monthly e-mail newsletter, and follow us on Facebook, Twitter, Google+ and YouTube.

    Updated 12-02-2013 at 04:54 PM by CShusterman


    by , 04-20-2009 at 07:48 PM (Greg Siskind on Immigration Law and Policy)
    OK, I have to admit that I'm a closeted fan of 1970s disaster movies. You remember them - Earthquake, The Poseidon Adventure, The Towering Inferno, Airport (and Airport '75, Airport '77, Airport '79: The Concorde(!)) and assorted lesser known films of that lost genre. Tonight The Poseidon Adventure is on and I'm of course watching it for the umpteenth time. That's the great 1972 adaptation of the Paul Callico book about a cruise ship that flips over after encountering a rogue wave. Won't those people realize this time that the only hope for rescue is to go up?!!Anyway, the film has one of those amazing 70s disaster movie casts - Gene Hackman, Roddy McDowall, Ernest Borgnine, Jack Albertson, Red Buttons and Shelley Winters. And then there is Canadian-born Leslie Nielsen who I forgot played the role of the captain. Nielsen was already a veteran dramatic actor of many years at that point having acted since 1948 in a number of films and television shows. Nielsen's career took a dramatic turn in 1980 when he starred in the classic comedy film Airplane! which was a spoof of those great 70s disaster movies. I was in junior high school when that movie came out and remember it was such a huge hit that all my classmates were quoting lines from the movie. Remember the classic line"Surely you can't be serious?" to which Nielsen responds "I am serious. And don't call me Shirley."

    And from that point on, he basically has owned the spoof genre with great roles as Dr. Frank Drebbin in the Police Squad!/Naked Gun films and more recently President Baxter Harris in the Scary Movie series. Roger Ebert called Nielsen "the Olivier of spoofs" for good reason.Nielsen is 83, but still very active in acting. Just last year he had a role in a new spoof - Superhero Movie. By the way, two very interesting points of trivia regarding Mr. Nielsen. His father, a Danish native, was a Canadian Mountie. And Mr. Nielsen's late brother Erik Nielsen was Deputy Prime Minister of Canada. 
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  5. H-1 Cap Update

    The USCIS has announced that it has received 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap, as of April 20. The USCIS continues to accept regular cap-subject H-1B cases.
    On April 9, the USCIS announced that it had received 42,000 cases, which means that they are only receiving 1,000 cap-subject cases per week. At this rate it could be 5-6 months before the H-1B cap is reached.
    The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.
    The USCIS Cap Count page should update the cap numbers, although it doesn't look like USCIS has started to update the page as of yet.
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