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Greg Siskind on Immigration Law and Policy

USCIS ANNOUNCES KEY H-1B CAP PROCESS CHANGES

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Many of you are getting ready to file H-1B cases. USCIS has sent a new rule for publication which will makes several important announcements:



  • Employers are barred from filing duplicate H-1B applications for the same employee (even if the petitions are for different positions). There is an exception for related companies that file more than one petition for the same employee. All petitions by an employer for an employee will be barred if there are duplicate filings.   


  • Applications received on any of the first five business days beginning April 1st will be included in any lottery of H-1B petitions (this past year it was only for day one and two).


  • Petitioners claiming to be exempt from the cap who are later found to be subject to the cap will not get a refund of their fees.


  • If an application is received before April 1st, it will be rejected and a petition is deemed received when USCIS gets the application and stamps it received as opposed to the date it is postmarked.


  • Premium processing will not start until after the random selection process has been completed.


  • Master's cap cases (the 20,000 H-1Bs reserved for graduates of US graduate degree programs) will be adjudicated first and if there is a lottery for those cases, cases not selected in the master's cap will be thrown in to the general lottery for the 65,000 H-1Bs available.

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  1. George Chell's Avatar
    Is the master's cap of 20,000 included in the overall cap of 65,000?
  2. Master's Avatar
    Masters cap of 20000 isn't part of the general quota ever. The new changes help US masters folks to have a second shot at H1B in case you miss out in the first lottery for Masters (if there is a need for that)
  3. Sam's Avatar
    Hi Greg, what happened to the bill that you posted about the one for increasing the H1B Cap
  4. Sid's Avatar
    Breaking news -
    Roy is a "doer" and not a "complainer" :-)

    Enjoy!

    http://www.informationweek.com/management/showArticle.jhtml?articleID=206903580&subSection=ROI/TCO
  5. yave begnet's Avatar
    A masters cap lottery! G'uh!
  6. RNPhil's Avatar
    Hi, Greg,
    Any News reagrding the Sched A applicants (Nurses Visa)?
  7. R. Lawson's Avatar
    "Breaking news - Roy is a "doer" and not a "complainer" :-)"

    I've sent this article to my father ;-) Proof at last!!! ;-)
  8. Greg Siskind's Avatar
    Oh come on Roy. We all are complainers in the blogosphere to some degree or another.
  9. R. Lawson's Avatar
    "Oh come on Roy. We all are complainers in the blogosphere to some degree or another."

    I know - I agree. The groups I run are in person, not over the Internet and we don't discuss politics.

    The point of the article is that we should do more than just complain about the problem, and do something to solve it. Aside from political activism, the other thing I can do to better my profession is to help people learn about how to practice it better. And to learn how to practice it better myself.

    I have very limited control over how Congress votes. I can organize people and influence that vote - but I have no direct control over how votes are ultimately cast.

    I can also help people here in my community and be much more successful at that. I attend about 4 CodeCamps a year. That is the equivilent of $4000 of free training. I organize 12 meetings a year (invitations, getting speakers, securing the location). That is about the same. I organize 1 large launch event each year and help organize another. Each of these events are networking opportunities and learning opportunities.

    So what do I gain from all of this? It really doesn't matter to me. Why I really do it is because I think it is important for something much bigger than me.

    Everyone in my profession can attend these free events - and there is really no excuse to not attend.

    Also, getting back to politics, any recruiter is also invited. There are a few who show up all the time, and I never hear them complaining about shortages. You can find good people to work for you if you know where to look.

    Recruiting isn't about sitting at a desk waiting for the phone to ring, a fax to come in, or an email to arrive. Recruiting also involves active scouting for top talent - which involves removed one's *** from one's chair. I wonder how many of the complainers about shortages do this.

    It reminds me of the lousy sales person who doesn't make the cold calls, doesn't network, doesn't send out thank you letters, doesn't meet quotas, and then is puzzled because their sales are low. It isn't a mentality, it is an ACTIVITY.

    And the same thing applies about the jobless who can't land that next gig. Many have tried hard - especially in hard hit areas. But if you are unemployed and you aren't networking, it is your fault. If you aren't keeping up with the latest in your profession, even if it is on your own, it is your fault.

    I wish the IT industry would quit moaning about shortages because we all know it is BS. And I wish the Cobol programmers would realize it's time to learn a new trick. That gig isn't going to last forever. And if I see another bogus study coming from your pal Anderson... I guess he isn't worried about his own personal credibility.
  10. USC's Avatar
    "And I wish the Cobol programmers would realize it's time to learn a new trick."

    Alongwith the ALGOL & SNOBOL folks. I would postulate that these are the folks who rather than upgrading their skills want the easy way out and want to be protected from the H1b competition.
  11. R. Lawson's Avatar
    "I would postulate that these are the folks who rather than upgrading their skills want the easy way out and want to be protected from the H1b competition."

    I agree with what you have said for some of them (I know a few who have made the transition OK).

    I would also point out that the "SNOBOL/COBOL Crowd" is going to have a difficult time breaking into newer technologies. Many of these environments are procedural and the learning curve needed to understand some of the higher level languages is huge. Not only must they learn OOP, they must also learn architecture and in many cases web technologies. A college grad would probably have an easier transition.

    Of course, there is a place for these guys - which is management. Strange how all the slow ones go into management ;-) Maybe they can teach.

    I think the C and C++ developers will do just fine. They will always have jobs - of course they are all in dark musty rooms and none of them seem to have access to an electric shaver ;-)
  12. Sid's Avatar
    "I wish the IT industry would quit moaning about shortages because we all know it is BS."

    Speak for yourself. Not everyone in the world uses .NET or even Microsoft products for development. The biggest barrier to resolving the H-1B debate is that people assume that all jobs in IT require exactly the same skills. Try to get your .NET friends to do kernel programming or get a kernel programmer to design a web site. Barring a few well rounded guys, the results will be disastrous. Maybe there isn't any shortage in your area of expertise, don't assume that there isn't any shortage in other areas.
  13. Sid's Avatar
    "I think the C and C++ developers will do just fine. They will always have jobs - of course they are all in dark musty rooms and none of them seem to have access to an electric shaver ;-)"

    Coming from a member of a group that's always complaining that American tech workers are being unfairly stereotyped as being lazy and stupid, sounds a bit silly. More so, because apart from C/C++ part, I don't see anything/anyone around me that fits the description.
  14. R. Lawson's Avatar
    Sid, I knew that raise your eyebrows. Ligthen up. Get some sunlight, it will make you feel better.
  15. Legal and no longer waiting's Avatar
    May I just remind everyone that half of H1Bs don't even know what you guys are talking about, since they are not even in IT professions. And guess what - the more you restrict H1B rules, the more non-IT employers will throw in the towel. Is that what you want - all H1Bs going to IT? (I'm sure the answer is yes for Roy, since that would make it easier for him to complain about H1Bs in IT).
  16. R. Lawson's Avatar
    " Is that what you want - all H1Bs going to IT? (I'm sure the answer is yes for Roy, since that would make it easier for him to complain about H1Bs in IT)."

    I would be a fool if I wanted all visas to go to IT - from a purely selfish perspective what sense does it make to want your occupation flooded with low paid and exploitable workers? So it's strange you say something like that.

    I don't participate in this discussion so I have something to argue about. I would love for this issue to be resolved because there are many other things I would like to discuss.

    If there were more doctors getting H-1b visas than entry level software developers, maybe we wouldn't have a problem in IT.

    The PG just advocated that salary be the determining factor when it comes to having more applicants than visas. Surely doctors on the H-1b would appreciate such a position since their high salaries almost guarantees them preference.
  17. that simple? 's Avatar

    Yeah, I second that
    I am sick of this H1B discussion that presumes that every worker is in IT. many many of us are not. Please spare us this crap.
    We are dealing with enough from Congress and USCIS already.
  18. Sid's Avatar
    "Please spare us this crap."

    No one put a gun to your head. You don't have to read this crap.
  19. R. Lawson's Avatar
    "many many of us are not. "

    But, the largest share does go to IT. So this is an issue that impacts IT the most.

    The PG position would give the medical profession a much larger share since they proposed preference in a lottery based on highest salary. I would think people outside of IT would support that. Do you?
  20. b's Avatar
    "The PG position would give the medical profession a much larger share since they proposed preference..."

    So, a doctor practicing in a more affluent area gets preference over someone in a poorer community due to salary imbalance?
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