The USCIS released the number of receipted cap-eligible H-1B visa petitions from April 1, 2012 to June 1, 2012. As of June 1, 2012, approximately 55,600 H-1B cap-subject petitions were receipted. The Annual Cap amount for H-1B regular cap is 65,000.  Additionally, the USCIS has receipted 18,700 H-1B petitions for foreign workers with advanced degrees (master’s degree or higher). The Annual Cap amount for H-1B Master’s Degree Exemption is 20,000.

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Our Associate Attorney, Sung Hee (Glen) Yu, Esq. was invited to talk about the practice of immigration law practice and his professional experience at the Third Annual Case Western Midwest APALSA (Asian Pacific American Law Students’ Association) Conference last February 18, 2012.

This year’s conference entitled “Building Your Niche: Creating a Professional Identity in Practice and Beyond,” was designed by law students in light of the challenging employment market. APALSA members sought to put on a conference that focused on the expansive opportunities that a Juris Doctor can open up for students, law related or otherwise.  Over twenty-five attorneys, professors, and other professionals were invited to attend and share their experiences. More than 80 law students attended this all day conference.

Mr. Yu, a Case Western Law School alum, was invited to speak at the Immigration Law Breakout sessions with two other immigration attorneys.  He discussed various issues common to the practice of immigration law and shared his experiences in handling employment-based, family-based, and deportation and removal cases. He also offered advice on how to find internships and employment in immigration law firms and other jobs related to the field.

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On November 29, 2011, Congress passed H.R. 3012 (The Fairness for High-Skilled Immigrant Act) by a vote of 389-15 with no additional amendments.  The measure now moves on to the Senate for consideration. The Fairness for High-Skilled Immigrant Act was introduced on September 22, 2011 by Rep. Chaffetz (R-UT) to eliminate the employment-based per-country cap entirely by fiscal year 2015 and raises the family-sponsored per-country cap from 7% to 15%.

This passed Bill aims to move away from the current law, under which immigrants from an individual country who are in the U.S. on an employment visa such as an H1-B cannot apply for more than seven per cent of the 140,000 green cards issued annually by the State Department. The Act ultimately eliminates this per country percentage cap. What this implies is that countries that are facing the highest demand-supply mismatch for green cards, among which India ranks first and China second, then Mexico and the Philippines will see a benefit in terms of prospective green card issuance (shorter waiting time for priority dates to be current), whereas the waiting time for other nations would be significantly longer.

Therefore, the Act greatly will improve the processing times for Indian and Chinese green card applicants.  However, an unintended consequence of the Act likely would be the slower processing times for natives of other countries.

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The USCIS updated its H-1B guidance to clarify the employer-employee relationship standard for self-employed individuals. The memorandum does not change any of the requirements for H-1B petitions. Currently, the CIS requires that a U.S. employer prove that it has an employer-employee relationship with the beneficiary in that it may hire, pay, fire, supervise, or otherwise control the work of any such employee. Other requirements include establishing that the beneficiary is coming to the U.S. to work in a specialty occupation, showing that the beneficiary is qualified to perform that specialty occupation, and the filing of a Labor Condition Application specific to each location where the beneficiary will be working.

But as to self-employed individuals and H-1B petitions, the CIS mentioned that if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. They went on to provide that if the petitioner provides evidence that there is a separate Board of Directors, which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship for H-1B purposes. The CIS cites Matter of Aphrodite, 17 I&N Dec 530 (BIA 1980), which held that the USCIS acknowledges that a sole stockholder of a corporation can be employed by that corporation as the corporation is a separate legal entity from its owners and even its sole owner. The memo also stated that several unpublished Administrative Appeals Office (AAO) decisions determined that corporations are separate and distinct from their stockholders and that a corporation may petition for, and hire, their principal stockholders as H-1B temporary employees.

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The USCIS released the number of receipted cap-eligible H-1B visa petitions from April 1, 2011 to June 13, 2011.  As of June 13, 2011, approximately 15,200 H-1B cap-subject petitions were receipted.  Additionally, the USCIS has receipted 10,200 H-1B petitions for foreign workers with advanced degrees (master’s degree or higher).

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On May 12, 2011, USICE published an expanded list of STEM degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT) extension.  By expanding the list of STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics, and Drug Design, Mathematics and Computer Science, the Obama administration is helping to address shortages in certain high-tech sectors of talented scientists and technology experts – permitting highly skilled foreign graduates who wish to work in their field of study upon graduation and extend their post-graduate training in the United States.

Under the current OPT program, foreign students who graduate from U.S. colleges and universities are able to remain in the United States and receive training through work experience for up to 12 months.  Students who graduate with one of the newly-expanded STEM degrees can remain for an additional 17 months on an OPT-STEM extension.

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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The USCIS released the number of receipted cap-eligible H-1B visa petitions from April 1, 2011 to May 20, 2011.  As of May 20, 2011, approximately 12,300 H-1B cap-subject petitions were receipted.  Additionally, the USCIS has receipted 8,500 H-1B petitions for foreign workers with advanced degrees (master’s degree or higher).

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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The USCIS released the number of receipted cap-eligible H-1B visa petitions from April 1, 2011 to May 6, 2011.  As of May 6, 2011, approximately 10,200 H-1B cap-subject petitions were receipted.  Additionally, the USCIS has receipted 7,300 H-1B petitions for foreign workers with advanced degrees (master’s degree or higher).

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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The USCIS released the number of receipted cap-eligible H-1B visa petitions from April 1, 2011 to April 22, 2011.  As of April 22, 2011, approximately 8,000 H-1B cap-subject petitions were receipted.  Additionally, the USCIS has receipted 5,900 H-1B petitions for foreign workers with advanced degrees (masters degree or higher).

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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On April 19, 2011, President Obama hosted a White House Meeting with 70 national leaders—including Mayor Bloomberg, former Governor Arnold Schwarzenegger, among others—to discuss the challenge of fixing our broken immigration system.

According to the press, the President expressed disappointment over Congress’s failure to produce comprehensive immigration reform (CIR), or even components of CIR like the DREAM Act, and enumerated the many problems resulting from our broken system—families torn apart, shipping talent overseas, wage equity and work eligibility issues, etc. In the same meeting, the President also stated that the “Administration continues to improve our legal immigration system, secure our borders, and enhance our immigration enforcement so that it is more effectively and sensibly focusing on criminals.” Many reports, however, argue that administrative reforms thus far have not been ambitious enough, or as effective as the White House claims.

Moreover, the President seems to be pinning all future immigration relief on Congressional action—stating that “the only way to fix what’s broken about our immigration system is through legislative action in Congress.”

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