H-1B Processing

In the aftermath of the speedy and complete exhaustion of   FY2008 H-1B numbers, USCIS has clarified some issues: 

· The premium processing clock for H-1B petitions will begin ticking only after the random selection process is complete.  However, before that lottery can occur the agency must open 133,000 pieces of mail containing one or more H-1B petitions and sort the contents.   This is likely to add “several weeks” to the fifteen day processing period guaranteed by USCIS, according to the agency’s April 3 press release.

· USCIS will also not know how many of the 20,000 cap-exempt H-1B numbers (for aliens with U.S. masters’ or higher degrees) remain until after the mail is opened and sorted.   The determination and announcement of a final receipt date for these petitions must therefore wait. 

· Not affected are cap-exempt petitions filed by non-profits and educational institutions, and filings on behalf of current H-1B workers. USCIS will continue to process extensions and changes as usual; however, the agency has issued no information on whether the volume of new petitions will slow handling of these matters.

STRIVE Act Aims to Reduce Visa Backlogs, Give Undocumented Legal Status

The Security Through a Regularized Immigration and Vibrant Economy, or STRIVE, Act of 2007, was introduced into the House March 23.  The name nicely summarizes the issues concerning the bipartisan group of legislators sponsoring the bill; thus the Act addresses --  under separate titles --  border security, interior enforcement of immigration law, worker shortages, employment verification, reform of the visa system and earned citizenship.

Certain to be welcome to immigrant petitioners in all categories is the first subtitle in the visa reform section:  “Backlog Reduction.”  STRIVE would provide for visa availability sufficient to eliminate or sharply reduce backlogs and waiting times in all family- and employment-based categories through a judicious combination of quota exemptions and increases, “recapture “of unused visa numbers, and redistribution of visa numbers gained.

In family-based immigration, immediate relatives of U.S. citizens would no longer count against the annual quota.  The resulting 480,000 visa numbers would go to the remaining categories.  Recapture would provide additional visa numbers.

In employment-based immigration, STRIVE would double the number of visas available, and, as with the family-based categories, recapture unused visa numbers from previous years.  Spouses and children of employment-based immigrants, and a list of selected professionals, would no longer count against the numerical cap; the immediate relative exemption would be retroactive to October 1, 2004.  A special benefit for residents of countries with a large population would be the provision raising the per-country limit from 7% to 10% of the worldwide EB cap.   

Meantime the H-1B category would see an increase to as many as 180,000 visas annually; and employment-based immigrants in a retrogressed first, second or third preference category would be able to extend EAD and advance parole validities as long as visa numbers remained unavailable.   In further relief for this oversubscribed category, the law would exempt from the cap some advanced-degree graduates in science and technology.  Another attractive provision would restore the option of visa revalidation within the U.S.

Cultural Exchange Made Easier

More than one cultural arts agency or festival promoter in the U.S. has suffered a disappointment when the entertainer they were hoping to bring over for a performance didn’t receive a visa in time for the event.   USCIS has made matters a bit easier by extending the filing periods for the appropriate O and P visas to up to a year ahead of the planned performance date.   The U.S.-based sponsor must file the visa petition with the USCIS office that has jurisdiction over the performance venue; it cannot be initiated in the performer’s home country.  However, certain performers who are amateurs or are participating in a cultural event sponsored by their government may be able to use a B-1 or B-2 visa. 

  
Contributed by the staff of Immigration law Associates,P.C.
Disclaimer: The materials contained herein have been prepared by Immigration law Associates, P.C. for informational purposes only and are not to be considered legal advice. The materials on this or associated pages, documents, comments, answers, e-mail, articles or other communications related to this article should not be taken as legal advice for any individual case or situation. The materials and /or transmission of the information are not intended to create and receipt does not constitute, an attorney client relationship