Raju
10-16 12:25 PM
I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.
Senthil,
When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.
Senthil,
When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.
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simple1
07-26 04:24 AM
In India 3 year grad are arts, humanities, science, management and accounting.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
Ram_C
09-25 04:46 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
sorry to hear about your H1, but you are not at all in bad situation.
here is what I would do if I were you.
1. extend your F1 visa for Spring 08, so that you have a safety net.
2. appeal your H1 Denial (if there is a chance)
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
sorry to hear about your H1, but you are not at all in bad situation.
here is what I would do if I were you.
1. extend your F1 visa for Spring 08, so that you have a safety net.
2. appeal your H1 Denial (if there is a chance)
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optimist578
01-31 03:10 PM
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
Is there a way to track the status of one's I-140 petition through USCIS's website?
Is there a way to track the status of one's I-140 petition through USCIS's website?
more...
go_gc_way
06-01 03:55 PM
We have discussed this issue earlier on this forum.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
ps57002
07-18 12:06 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
more...
dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
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roxychaney
03-02 11:39 AM
Just out of curiousity, does traditional painting qualify?
o yea, guess i should have asked this before posting!
o yea, guess i should have asked this before posting!
more...
ita
11-20 04:50 PM
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
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ebizash
07-23 12:16 PM
Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
more...
illinois_alum
06-06 04:58 AM
See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
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saileshdude
05-20 10:12 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
more...
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eb3_nepa
04-13 09:16 AM
Hello,
There was a lot of talk about the time between the passing of the CIR and it's implementation. I was wondering exactly how much time would it take from the time the bill was passed (assuming it had our provisions) and it actually becoming a law. Some say 3 months some say 6 months. What is the real number?
There was a lot of talk about the time between the passing of the CIR and it's implementation. I was wondering exactly how much time would it take from the time the bill was passed (assuming it had our provisions) and it actually becoming a law. Some say 3 months some say 6 months. What is the real number?
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gova123
08-27 12:38 PM
Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.
Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.
Thanks
Govardhan
Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.
Thanks
Govardhan
more...
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admin
04-13 10:00 PM
Section 406(Pg 287) and Sec 619(Pg 503) of S 2612 discusses the effective date of the new rules. But these dates pertain only to provisions for the unskilled temporary worker program and the agricultural worker program. I think Session's amendments was for only these 2 categories. Other stuff like Border Security they would want to get it going at the earliest.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
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vsc
01-31 06:31 PM
hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?
more...
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Blog Feeds
02-01 08:30 AM
Summary
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
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08-10 02:58 PM
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vsc
01-31 06:31 PM
hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?
Lasantha
02-26 10:38 AM
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
I really did not get that one. Is it possible to explain that please?
I really did not get that one. Is it possible to explain that please?
thomachan72
01-19 03:43 PM
Let us start a thread to list of EB3 Immigrants that have done well in USA.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
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