The H-1(b) Cap Has Been Reached 04/03/07
The USCIS has announced that the H-1 cap has been reached. The USCIS’ press release says that about 150,000 H-1(b) filings were made on April 2, the first day that H-1(b)’s were accepted for filing. In accord with regulation, USCIS will subject H-1B petitions received on April 2 to a computer-generated random selection process. Employers should expect that only about one out of every three filed cases will be approvable.
There are several options available for cases that were shut-out as a result of the H-1(b) cap.- If the Beneficiary for employment is a graduate of a US Masters degree (or higher) program, the case may still be filed. There is a separate category for these candidates. You can monitor the progress of this quota on the USCIS’ web site, here: USCIS H-1 Quota Web Page
- Chilean and Singaporean nationals have 6,800 visas set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. In the past, this quota has never been reached.
- Certain non-profit research organizations and higher education institutions are exempt from the general and Masters H-1(b) quotas. – Canadian nationals may be petitioned under the TN visa classification provided by the NAFTA agreements. There is no annual quota on TN cases. There is a discrete list of TN occupations that are eligible, which can be found here: TN Occupations Listing
- Australian nationals may be eligible for the E-3 visa, which is generally eligible to all Australians who would otherwise qualify for an H-1(b).
- Physical Therapists may find it quicker to apply for a Permanent Residency visa (green card), than to wait for the H-1(b) quota to come back on-line. Similarly, Extraordinary-Ability Workers, Outstanding Researchers and persons whose work is in the National Interest all qualify for expedited Permanent Residency.
- Many other visa categories – e.g. E, L, and O – do not have annual quotas. These may be available options. You can learn about these categories here: http://www.hammondlawfirm.com/business_visas_main.htm
Employers also should note that “cap-subject” H-1(b) visas are only those cases for new hires, who have never previously held H-1(b) petitions. For instance, students, off shore hires, and those wishing to change from another visa classification are subject to the quota. “Company transfer” H-1(b) visas are NOT subject to the cap.
You can leave a response, or trackback from your own site.
48 Responses to this article
How this fact influences for RN retrogression?
oh that’s so bad!
i think this is good. this will build momentum for EB based GC reform…
I too don’t understand the connection between H1B cap and green card process.
To HLG: we all very appreciate your support and eforts to resolve the retrogression. Could you, please, response to our questions at least after each 20-25 comments, otherwise all the asked question in this blog doesn’t make sense.
Thank you
under what category does the TN Occupations Listing falls? one of those profesions is nursing with a license. can we apply for work authorization based on that if we only have AAS? please answer…
HLG, Can you please explain this statement. We all kow because of retrogression physical therapist cannot file green card.
“Physical Therapists may find it quicker to apply for a Permanent Residency visa (green card), than to wait for the H-1(b) quota to come back on-line. Similarly, Extraordinary-Ability Workers, Outstanding Researchers and persons whose work is in the National Interest all qualify for expedited Permanent Residency.”
HGL please give us a clear picture as to when the retrogression will be lifted. Thank you so much for all your great efforts.
How about us nurses? H1 (b) got something but we STILL have NOTHING. When is something going to FINALLY come our way?
can nurses go under H1B visa
can nurses go under H1B visas
we will appreciate your immediate response on our queries. kindly shed some light. regards and more power to all of us.
What does this have to do with schedual A????
Reaching the cap too early will make the lawmakers think that there’s real problem in the workers’ immigration system…
the demand for foreign worker far exceeds the supply….the whole world is bidding for the best workers in the world….the country with the best offer including best immigration policy will win this game…a game that will spell a big difference in the future in terms of economic survival….
H-1 for Nurses
Generally, the USCIS will not approve a petition where the proffered position is registered nurse. Accordingly, most foreign born and educated nurses enter the US via the lengthy permanent resident or green card (GC) process.
Unfortunately, the H-1 is an option in only a few limited situations. The reason for this is the regulatory requirements underpinning H-1 applicability. The CIS will only approve an H-1 visa where (a) the position compels the application of a theoretical and practical application of a body of specialized knowledge; (b) the attainment of a Bachelors (or greater) degree is a minimum requirement for entry into that position; and (c) the beneficiary applying for the position holds such a degree.
Many novices in the immigration fail to screen for the first two standards and mistakenly believe that if the beneficiary holds a Bachelors degree s/he necessarily qualifies for an H-1. However, an application must prove all three factors.
On the other hand PTs, OTs, and other bachelor degreed occupations can be approved for H-1(b)s. Keep in mind that this Blog is meant to address immigration for all healthcare categories (excpet MDs).
Dear HLG,
We all know that HLG is working hard on behalf of RN’s/PT’s. So this H-1(b) issue doesn’t give us any hope. Can you please let all RN/PT’s know that is there any amendment bill is going to pass regarding visa recapture before Easter, i.e. only one day left!
Thank you.
RN
Unfortunately I do not think that anything will be passed before Easter. Our next window runs from approx. April 15 – June 15.
Thank you HLG for answering and clarifying some questions.
This blog is becoming the greatest of all blogs since it is more interactive.
I have read from different site that there was this new bill introduced in the senate, it is the Durbin-Grassley Bill. It is a bill to ammend INA to reduce visa fraud & abused for certain temporary visa program, particularly on H1b.
How will this affect the situation of EB3 people? Why is it that we always get info that a new bill is coming out but there is really no bill being approved? We haven’t heard any further development on the STRIVE act. What happened? Time is running out! I just hope the House and the Senate members would sit together and agree on passing the STRIVE Act bill. I think an introduction of a new bill is useless for now. One bill that tackles everything regarding immigration is enough. They only need to give their unrestricted commitment to it for us to see that they are really doing their job to help the US broken immigration come into its fix.
May the good Lord whisper on to these respectable gentlemen & women of the US Congress to do something for us waiting on the line, to give us an immediate visa relief immediately when they come back from their easter recess!
May God shower us His mercy and continue blessing the people like HLG staff among others for them to continually do something better for us. AMEN!
Hi everyone,
the link below takes you to AILA’s website (American Immigration Lawyer Assoc.) They have a template letter to support immigration reform. Just enter your info (name/address) and the computer automatically email the letter to both senators from your state and the representative(all based on your zipcode). Once you’re done just click again for a letter in support of the H-1B crisis. This is the easiest and most effective way to show our indignation to the current situation. Only 2 minutes to do it and make a difference.
Thanks.
http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO
To HLG thanks alot for providing us this blog.
To the person who posted the AILA’s link thanks to you,I have logged in and forwarded the link to all my friends here in the Philippines and abroad(US)thru my FRIENDSTER account.I hope all of us will forward the link to all our fmily and friends especiall the ones in the US.
Note: if you’re residing outside the US like India,China or Philippines use the address of you employer because the link requires a US address.
till the next window of opportunity for us RNs….thanks so much HLG!
To HLG
Thank you so much for keep us updated.
Recently, the H1B issue got all of the attention. How will the H1B incident affect immigration atmosphere in Washington? It seems most american people hold a negative attitude to increase H1B quota. In your reply, you said there will be another window for RNs in next 2 month. Is that CIR? What is the chance that CIR can pass in the summer? Do RNs and PTs have other promising chances besides CIR? And what is the time frame?
I wish you can answer my above questions. I really appreciate what you have done to resolve the retrogression.
I have a question to hammond law grp. and others is I am on F1 student and have done MBA from US . I applied for my OPT few days ago, but as I dont have a job offer in my hand yet, so actually dint filled for this yr’s H1. Now once my OPT card comes then I will have to get H1 before my OPT expires, (which i know is not possible since next H1 cant be filed till next april). So my question is that is there some other kind of visa or any other status to fill the gap between OPT H1 visa without leaving US as all the employers I am trying are asking me abt my status for that time period and no one wants to hire me with that time gap in between.
Please do reply to my querry ASAP as i am in so much tension right now and my OPT time is starting in few weeks.
Thanks
I have a question to hammond law grp. and others is I am on F1 student and have done MBA from US . I applied for my OPT few days ago, but as I dont have a job offer in my hand yet, so actually dint filled for this yr’s H1. Now once my OPT card comes then I will have to get H1 before my OPT expires, (which i know is not possible since next H1 cant be filed till next april). So my question is that is there some other kind of visa or any other status to fill the gap between OPT H1 visa without leaving US as all the employers I am trying are asking me abt my status for that time period and no one wants to hire me with that time gap in between.
Please do reply to my querry ASAP as i am in so much tension right now and my OPT time is starting in few weeks.
Thanks
thanks hlg for this blog..to the person who gave the AILAS website..it is informative @ least we have an idea bout immigration…laws..etc….try to check guys!!!
dj from Phils
This is the worst retrogression ever and most of us are just sitting around doing nothing. You guys need to wrote and call Congressmen/women. America needs RNs a lot more than H1 b but they are getting tons of visas yearly and we have absolutely nothing. This is an outrage and how much did we pay for our prep courses and testy dated for IELTS and NCLEX and CGFNS Certification. We paid for the product and haven’t received what we paid for. When will Congress wake up? This situation is ruining my life.
This retrogression issue has really put a hold on our plans. I’m quite concerned because my nclex which I applied from the BON of California has an expiry date. I am currently on my packet two and time is moving and I don’t see how it is going to be fixed soon. I think they should also address the deadline of the submission of SSN to have our license because this is really beyond our control.
Does anybody know the latest on CIR/STRIVE Act? It seems HLG is pessimistic about Schedule A retrogression relief at this point so if worse come to worse this may be our best shot…god forbid.
GOD HAS HIS OWN WAYS. IF HE PLANS FOR US TO LEAVE, THEN GIVE THANKS AND PRAISE TO HIM. IF NOT, THEN MAYBE HE HAS ANOTHER PLAN FOR US — A LOT BETTER PLAN…
SO, DON’T DESPAIR BROTHERS…
HAPPY EASTER TO ALL!!!
I am a PT from India. What do I need to apply for H1 visa? If I want to apply for it next year, when do I need to file the application?
I believe the CIRcus is our best chance of laughing.hope it comes around soon.
What are the chances of getting Schedule A retrogression relief during the “next window” that runs from April 15 – June 15? 50-50, 40-60, 30-70 etc.
to the nurse with california nclex..
you’ll just have to write the board and explain your situation to them.. you may want to address your letter to ms. lisa chan, licensing program then send it to california BON. it happened to me.. i was also a victim of retro in 2005 and i was able to extend expiration of my nclex twice. i took it in 2003.. i think they understand the plight of nurses at this time and wil give you consideration.. goodluck to you and i pray that this retro will be lifted soon
thats it there is no hope, no relief will come other than CIR which will take a couple of years, CIR is not a small matter and it will take years to accomplish.
Maybe America doesnt need Nurses now. I saw in the CNN news that DOctors in hospital in Texas dialled 911 when a confined patient in Hospital became in distress.
I have a license in Texas which does not require you to have a social security number. I have a SSN due to previously holding a greend card, but Texas nursing board has told me they do not require a SSN.
HLG comments about nurses not being able to apply generally for a H1B visa is true. Though Foreign nurses hold generally a US bachelors degree and Nursing is a specialty field of knowledge, as we know can’t just have anyone be a nurse and there is a library of nursing research, the thing is Nurses in the US (registered nurses) do not require a Bachelors Degree in order to be a registered nurse, the basic minimum is an associate diploma through three years of hospital based nursing course. The US has not implemented the same standads as other countries. As some nurses in the US would struggle to get registered in Australia for example. As Australia requires a minimum of three years either hospital based or College based.
Could HLG kindly respond to some of these questions? I want to know the odds of getting something, Schedule A retrogression relief or CIR done this year.
Angry Nurse
I am against bill HR 1358 because it has non-immigrant status for nurses. Nurses should get immigrasnt-based visas ONLY. Otherwise, job security and long-term security doesn’t exist and immigration process will require much time and lawyer fees that earlier Schedule A never had to suffer with.
To All Nurses…To help illuminate our uncertainties about this issue…Hope this is true..from an immigration lawyer who also keeps track of retrogression. This is what he has to say..
Quote:
At a 10am press conference, March 22, 2007, Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007, a bipartisan comprehensive immigration reform bill. Although details of the STRIVE Act have not yet been fully disclosed, I believe that the bill contains the policy architecture needed to ensure that ultimately, it will be enacted into law. I understand that in the Senate, a companion bill will also be introduced in the next week or so.
This bill contains provisions that will effectively end the retrogression. It will increase the number of employment based visas available from 140,000 to 290,000 per year, and it will NOT count derivatives towards the quota, It may exempt nurses (but not necessarily their families) from any visa cap restrictions, while it limits the number of derivatives in any given year to no more than 800,000 family members. I need to actually see the bill to confirm this. If it does exempt nurses, I will NOT send any corrections to this information, but if it does not, I will let you know.
At this point, all that has happened is that the bill has been introduced in the House of Representatives. A companion bill needs to also be introduced in the Senate. Then, both chambers will have to separately pass each bill and both chambers will have to work out any differences in a conference committee. Once this is done, both chambers have to pass the compromise bill, and finally, if passed, the president will have to sign it into law.
Assuming it becomes law, it will take the administrators a month or two to get the visa process working again.
At the present time, we really do not know whether this will become law, and if so, exactly how long it will take. But the common wisdom is that if it is going to become law, it must do so no later than August. If so, the retrogression will end when it becomes law, and you may start getting visa appointments around late September or early October. For those of you who have family members still waiting in the Philippines, they may probably start calling for appointments around the same time – again, late September or early October.
It is also possible that the bill will be enacted into law a little faster. However for now, just be reassured that the problem of retrogression is now formally before the Congress (along with all other immigration policy problems) and should be addressed. I will provide further updates as information becomes available.(End)
Hope this somehow helped you guys to relieve that little old tension thats keeping you all wondering…Hope retrogression will soon be over…
Immigration bill put forward
The Orange County Register
WASHINGTON A bipartisan group of House lawmakers today began trying to gather support for a wide-ranging immigration bill that they say will increase border security, solve the problem of needed workers and bring millions of illegal immigrants out from the shadows.
“Our bill,” said Rep. Luis Gutierrez, “is about ending illegal immigration.” The Illinois Democrat joined today with Arizona Republican Rep. Jeff Flake and other House members in unveiling their comprehensive immigration overhaul.
“The stars are finally aligned to get this done,” said Flake, who so far has six other GOP members onboard the bill. Gutierrez said he had “lots” of Democrats on the bill, including all the members of the Congressional Hispanic Caucus and Rep. Rahm Emanuel, head of the Democratic caucus.
Their bill includes provisions long espoused by advocates of a broad immigration policy change. It would:
Add border patrol agents; strengthen border controls, including vehicle barriers and enhanced surveillance technology; and make evading border inspection personnel a crime.
Increase the number of agents enforcing immigration laws in the interior of the country and increase penalties for document fraud, smuggling and gang violence.
Create an electronic system for employers to verify that the people they hire are legally entitled to work in the United States.
Establish a new worker program that would allow 400,000 foreign workers into the United States each year. These workers could apply for conditional permanent residency and eventual citizenship.
Allow illegal immigrants living here now who pay fines, back taxes, learn English, continue working, prove they have a clean criminal record to legally stay in the United States and earn a path to citizenship.
The bill includes some features likely to concern immigration advocates but that are designed to persuade skeptical lawmakers to vote for the bill.
The measure would require illegal immigrants to at some point within six years leave the United States for either Mexico or Canada, go to a processing center and re-enter the U.S. legally.
“We have questions about the operational viability and the political viability of it,” Frank Sharry, head of the national Immigration Forum, said of that provision.
And Rep. Ed Royce, F-Fullerton, who said he was “appalled” by the bill, hopes that part of the bill doesn’t fool his colleagues into believing it’s anything but an amnesty.
“If touching back means that an illegal immigrant can simply cross the border for five minutes and then gain legal status, then the provision is meaningless,” Royce said.
Immigration advocates are worried such a process wouldn’t be that quick.
Ana Maria Patino, an attorney and Latina activist in Santa Ana, said that if a touchback provision requiring immigrants to return home while they wait for their visa to be approved is included, immigrants will not be inclined to come forward because of the time it takes to become a U.S. citizen. Unless the application process is fundamentally changed, immigrants won’t be willing to leave and go to the back while waiting for a backlog of applications to be approved.
“What they (Congress) need to do is to shift the money to better fund the section that has to do with immigration processing,” Patino said. “If that happens I think a lot of immigrants would take that (offer), but it has to come with Congress shifting more money from border security to immigration services to make sure people aren’t waiting 10, 15, 20 years” to get into the country.
The bill will likely have a rigorous scrubbing in both the Judiciary Committee, where San Jose Democrat Rep. Zoe Lofgren heads the immigration subcommittee, and in the Homeland Security Committee, where Garden Grove Democrat Rep. Loretta Sanchez heads the border subcommittee, which will have jurisdiction over the border security portion of the measure.
Sanchez said she supports a comprehensive bill but has not signed on to the Gutierrez measure.
“I’m very pleased that the process is beginning and I think this (issue) is going to gain a head of steam,” she said.
In the Senate. Sen. Edward Kennedy D-Mass., is still negotiating with fellow lawmakers and the White House. He said he wants to have as much consensus as he can before bringing a bill to that body’s Judiciary committee.
But time is limited, lawmakers say.
Gutierrez said Senate Majority Leader Harry Reid told him Wednesday that he has reserved the final two weeks of May for the immigration debate.
URL: http://www.msnbc.msn.com/id/17742918/
I am a nurse here in texas. you dont need a SSN for your license, but it all depends on every state. just write your RN board about the issue. they are more considerate than the USeless Immigration. Well guys, No more chance for that retrogression to be lifted anytime soon. dont waste your hope that it will be lifted soon. this is a complicated matter. better look for another country that gives better compensation. US congress and senate is deaf on this issue. Even bush couldnt do anything abt it. THE NEXT PRESIDENT MIGHT? BE BETTER THAN THE CURRENT ONE. EVEN THE POPE SAID IRAQ HAS NEVER BEEN AN ISSUE. DONT BLAME HAMMOND LAW, they just want to help. we all understand that some people have sold their houses or resigned from their current job because they were given an interview date. only to be halted by this stupid retrogression. NURSES/ PT’s ARE ENTERING THE US LEGALLY!!! but the USeless IMMIGRATION CANT DO NOTHING ABOUT THE ILLEGALS IN THIS COUNTRY. I STILL HOPE GOD WOULD BLESS AMERICA.
just my opinion. hope hammond law posts this bloq.
Texas RN
“Congress can pass a comprehensive bill and I can sign it into law this year,” Bush said, without offering a detailed proposal.
—speech in arizona http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070410/REPOSITORY/704100402/1013/NEWS03
Amarillo, TEXAS RN
To the Texas RN,
I see your comments and respect your opinion. At the same I would point out that your suggestions are very naive and inappropriate.
Those who are waiting interview and petition at diffrent stages has spent lot of money and energy over years. CGFNS, IELTS, RN, finding an employer, petitioning. arrangements of papers etc. are not an easy task. Your advise to look for a job in another country is so strange and humiliating! Do you think preparing for a USRN is such a simple matter. At this stage USRN like you should support and encourage all those who are under retrogression!
Come on Rise Up!
TO all retrogressed nurses like me,
Do not worry. these are temproray set backs. US has never closed door foe ever for nurses. There will be blocades like this which should not detter us. US need FT nurses quite for some time more.Think about other categories who is under retrogression for more than 5 years. we nurses are always jump at the front in terms of immigartion.
Please wait for 5 more months. Then either strive/CIR will be passed or fall upon. If passed, we nurses are out of retrogression for years. If not passed, there will definitely a recapturing by end of 2007.
IF YOU SPEND SO MUCH TIME AND ENERGY FOR USRN HOPES WHY CANNT YOU WAIT FOR ANOTHER 6 MONTHS..
Rgs.. MP, Kuwait
Hello HLG! Any update on Retrogression Relief?I learned from a friend who’s also affected by retrogression that her staffing agent from New Jersey emailed her saying that RETROGRESSION WILL BE OVER WITHIN THIS MONTH.I don’t know how true but I hope it is for real.
I too feel the news is right, but i dont think its true (RETROGRESSION WILL BE OVER WITHIN THIS MONTH). Congress has not even talked about it and you know it has to be passed by both (House of Representative and Senate) which will take longer than expected unless they do it like they did last year.
Anyway, I hope the staffing agent from New Jersey is right and we get a relief, but it would be wise if we could verify from HLG since i find HLG the only reliable source.
My embassy interview was on 26th october 2006 with my family.my RN wife and child got the visa and they are already in US now.i submitted the blue letter along with the neccessary document in november,because of retrogression issues i am in india now. is ther any hope………when the retrogression lift up.