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Greg Siskind on Immigration Law and Policy

USCIS PLANNING TO MOVE TO PRE-REGISTRATION PROCESS FOR H-1B CAP CASES

Rating: 3 votes, 5.00 average.

USCIS has announced that it is working on a rule to create an electronic registration system for H-1B employers subject to the annual cap. Employers would first register an application and be allocated an H-1B cap number and then would file the case. The idea is that employers would need to register to claim an H-1B cap number first and then if they are selected, they then would prepare and file the case. Right now, employers have to go to all the trouble of preparing a case that may be rejected simply because the visa allocation is filled. I think the idea makes sense IF it is implemented in a fair way. I would be concerned that large volume H-1B employers would file to claim cap numbers and then ultimately not file a case, thus hurting smaller employers who have a real need for someone. Another thought - maybe a little out there - would be to have some kind of bidding process so employers where employers with the greatest need would have a better chance. Opponents of the H-1B program would likely have a weaker argument that the program is a funnel for cheap labor under such a system.

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Comments

  1. Adi's Avatar
    I would say give 15 days for employers to send application fees or pay by credit card. Create a waiting list and if application fees not received then application is canceled and number is alloted to someone else on the list. I hope their website can handle 200,000 applicants trying to register on April 1, 00:01.

    "employers with the greatest need would have a better chance"
    How do you judge this need? Number of application by single employer?
  2. George Chell's Avatar
    It is now far more cheaper to move jobs abroad. That is why the H1B quotas are not getting filled.
  3. Adi's Avatar
    "It is now far more cheaper to move jobs abroad. That is why the H1B quotas are not getting filled."

    I agree. They need to somehow plug jobs/factories getting outsourced or else there will be very little middle class left. I will be very surprised if recent legislation will be able to collect taxes from h1b filing. 9/11 health bill and border security bill are suppose to get money from employers (have more than 50% employees on h1b) filing h1b. Who will pay if not enough employers file these h1bs? Accounting tricks?
  4. George Chell's Avatar
    MUST READ!

    Restrictions on Americans admitted into medical schools...

    http://www.myeducationchoice.org/

    plus restrictions on foreign professionals....

    equals dead Americans of all races, creed and color!

    If CIS and FAIR are interested in training Americans they should fight the Department of Education...but I dont see them doing it...which makes it very clear...they are only interested in keeping this country majority white! They are not interested in the welfare of the Americans, particularly our seniors!
  5. Greg Siskind's Avatar
    George - Where is there a discussion of med school admissions in the linked page? Thanks.
  6. George Chell's Avatar
    Greg:

    Here is two of the links...if I find any other I shall post it...

    http://www.helium.com/items/1869635-how-gainful-employment-will-limit-career-colleges-and-their-students

    http://www.insidehighered.com/news/2010/04/22/gainful

    "Citing a study by Charles River Associates commissioned by CCA, Miller reports the potential damage as "over 300,000 students displaced; upwards of 2,000 programs eliminated; 40 percent of students in two and four year programs harmed; 14 percent of health professional and related clinical sciences programs, including nursing would fail; 19 percent of computer and information sciences and support services programs would fail; (and) by 2020, the proposed regulation would deny access to approximately 5.4 million students on track to attend programs at for-profit postsecondary institutions, based on projected enrollment rates."

    Go to the second link and click on the line "a report it commissioned on the proposal's implications" and you will get the whole report.
  7. Legal and no longer waiting's Avatar
    George, this measure has hardly anything to do with education. It has to do with FOR-PROFIT institutions and how much potential students can borrow from the government to pay for such "education".
  8. George Chell's Avatar
    "George, this measure has hardly anything to do with education. It has to do with FOR-PROFIT institutions and how much potential students can borrow from the government to pay for such "education"."

    I sure hope it does not affect health care provider education. Does worry me when Charles River Associates say that it will affect nursing. They are a reasonable firm.

  9. Adi's Avatar
    "But particular pieces of immigration reform might still have bipartisan appeal. One such element is the historical shortage of visas for foreign workers with special skills and advanced degrees. Although demand eased somewhat this year due to the recession, and there are legitimate concerns about abuses in the system, the standing quotas in those categories - amounting to just 85,000 available visas per year - have been severely inadequate in recent years.

    The result is that thousands of highly educated and technically adept foreigners - precisely the workers America needs to compete in the global marketplace - have been unable to come to the United States to fill vacant jobs here. That's even been true for foreigners who have completed PhDs in specialized fields at top U.S. universities - and are then forced to leave the country. Nothing could be more self-defeating. Let's hope Congress can at least see its way to fixing that problem."

    http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122803731.html
  10. George Chell's Avatar
    "But particular pieces of immigration reform might still have bipartisan appeal. One such element is the historical shortage of visas for foreign workers with special skills and advanced degrees. Although demand eased somewhat this year due to the recession, and there are legitimate concerns about abuses in the system, the standing quotas in those categories - amounting to just 85,000 available visas per year - have been severely inadequate in recent years."

    Not going to happen. They will cut education budgets, keep the cap on skilled migrants and wont be happy until all the jobs move out of the country and demand for H1Bs fall further. Steve King, Lamar Smith and almost everyone else in the GOP and some in the Democrat party are hell bent on destroying this country. If you dont want migrants dont cut education. If you have to cut education, let in more migrants to fill the shortages...otherwise jobs will move out and many of them for good!

  11. Legal and no longer waiting's Avatar
    Dems think they can rely on tariffs to stave off global competition, and Repugs think the only thing they need to attract businesses are tax brakes. Both are horribly wrong. Germany does not rely on any, but it has a positive trade balance with China.
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