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by Chris Musillo
The USCIS has confirmed
through AILA that all 2013 H-1B cap-subject cases have been receipted in
this past week. This is a little
quicker than we had expected. If you
have not received an H-1B receipt notice the chances are that your case did not
win the H-1B lottery.
USCIS received approximately 124,000 H-1B petitions during
the filing period, including petitions filed for the advanced degree exemption.
On April 7, 2013, USCIS used a computer-generated random selection process
(commonly known as a "lottery") to select a sufficient number of petitions
needed to meet the caps of 65,000 for the general category and 20,000 under the
advanced degree exemption limit. For cap-subject petitions not randomly
selected, USCIS will reject is returning the petition along with the USCIS
F-1 students who did not win the lottery must exit the US at
the conclusion of their F-1/OPT period.
Many H-1B petitions are not subject to the H-1B cap, including:
* H-1B extension petitions
* H-1B transfer petitions
* Certain H-1B petitioners for
* Certain H-1B petitions for
Non-Profit Research organizations
Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
There's a reason the GOP leadership is hoping immigration reform finally moves this year. They're brand with Hispanic voters is terrible and they need to show that they're a party that has a place for this fast growing segment of the electorate. So they must have cringed when they saw this story on CNN:
A prominent House conservative said Tuesday that the immigration
reform bill under consideration in the Senate is part of an ongoing plot
to build a massive new Democratic voting bloc.
Hispanic vote is "a huge boon for Democrats. They have known that for a
long time," said Rep. Steve King, R-Iowa. Their message has been that
"we are going to recruit all you folks. That we are going to give
amnesty to (you) to become Democrats."
Democratic leaders "are
in the process of seeking to establish another monolithic voting bloc,"
he said. Republicans backing the bipartisan Senate bill "completely
ignore that fact."
King made his remarks at a
Capitol Hill press conference with several other House conservatives
taking aim at the "Gang of Eight" legislation drafted by four Senate
Democrats and four Senate Republicans.
And this didn't help either.
The GOP has been doing better of late despite King's regular anti-immigrant outbursts. The House Gang of Eight, Boehner's quiet pushing on an immigration bill, Representative Goodlatte's move toward the center on immigration and the choosing of Darryl Issa to craft the skilled worker provisions all give me reason to hope.
Thanks to Nicollette Davis at our firm for summing up the latest Visa Bulletin:
June Visa Bulletin Summary:
1st - World numbers, China and India advanced 3 weeks to 22 April
06; Mexico advanced 1 week to 15 August 93; the Philippines jumped 7 months to 01
Family 2A - World numbers, China, India, and the Philippines advanced 3
months and 1 week to 08 June 11; Mexico moved 3 months and 1 week to 08 May 11.
Family 2B - World numbers, China, and India moved 1 month and
3 weeks to 08 July 05; Mexico moved forward 1 month and 2 weeks to 15 June 93;
the Philippines advanced 1 month and 3 weeks to 01 November 02.
Family 3rd - World numbers, China, and India moved forward 3
weeks to 01 September 02; Mexico moved one week to 08 April 93; the Philippines
moved forward 3 weeks to 15 November 92.
Family 4th - World numbers, China and India remain stalled at
01 May 01; Mexico advanced 1 week to 15 September 96; the Philippines advanced 5
weeks to 08 November 89.
Employment 1st - still current in all categories.
Employment 2nd - World numbers, Mexico and the Philippines
are still current; China moved forward 2 months to 15 July 08; India remains
stalled at 01 September 04.
Employment 3rd - World numbers, Mexico advanced 9 months to 01
September 08; the Philippines moved forward one week to 22 September 06; China
moved 9 months to 01 September 08; India advanced 2 weeks to 08 January 03.
Employment 3rd Other Workers - World numbers, Mexico advanced
9 months to 01 September 08; the Philippines moved forward one week to 22 September
06; China moved 5 weeks to 22 October 03; India advanced 2 weeks to 08 January
Employment 4th - still current in all categories.
Employment 5th - still current in all categories.
There have been multiple news reports in multiple well-regarded publications painting different pictures on the state of play with the House negotiators on a comprehensive reform bill. But a picture is starting to emerge.
The Wall Street Journal reported yesterday "Bipartisan House Group Reaches Broad Immigration Deal." The report indicates that most of the provisions for a deal have been worked out except some details on guest workers and health care for immigrants. But they also indicated that if they couldn't work out a deal, Republicans might introduce a bill without the Democrats. Also, several media outlets reported that Speaker Boehner is voicing concerns that the House negotiators have not yet finished a bill. And the House Judiciary Committee appears to be moving forward with its own plan to consider immigration reform in multiple bills rather than a single bill.
The New York Times published a report yesterday that says that the health care benefits question was resolved though how remains unclear. The Times also reported on the issue of W guest workers. Democratic negotiators wanted to use the Senate deal, but Republicans thought the deal favored unions too much. The two sides, according to the Times, will offer competing guest worker plans and allow House members to decide which version makes it. However, it is still possible a negotiated deal can be reached on this issue as well.
According to The Hill,
"We have an agreement in principle," Rep. John Carter (R-Tex.) said as
he and five other members of the group emerged from a two-hour meeting
late Thursday afternoon.
Democrats confirmed the deal, and lawmakers said they would meet again
next week to put the finishing touches on the legislative text.
The Hill reports that the path to citizenship in the House version would be 15 years compared to 13 in the Senate bill. Representative Carter also indicated he hoped a bill would be introduced in the first week of June.
So it appears that the HG8 is going in to drafting mode on their bill and will have something ready to show the world in about two to three weeks which should be the time the Senate begins debating on the floor whatever is approved the Judiciary Committee. So far so good as far as the goal of having a bill by the August recess.