H-1B TELECONFERENCE ON FEB 4

** REMINDER **

In anticipation of the H-1B cap filing date of April 1, 2015, MU Law will be holding a free teleconference for our clients on February 4, 2014 at 2PM / 11AM PT.  Interested clients should email MU’s Annalisa Smith, who can register you for the teleconference.

Last year the H-1B cap was reached in the first week; we expect that the demand will be even greater this year.  It is imperative that all H-1B cap-subject petitions are filled on April 1, 2015.

H-1B cap-subject petitions include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

In addition to the H-1B cap discussion, MU lawyers will also provide an employment-based immigration legislation update.

THE BEST PROOF THAT THE H-1B IS NOT ABOUT TAKING JOBS

In 2009, a mere 9,000 H-1Bs were received in the first month of H-1B processing.  It would be 264 days before the H-1B cap was reached.  In 2010, it took 300 days until the H-1B cap was reached.  In 2011, there were 236 days between the April 1, 2011 cap opening and the November 23, 2011 cap being reached.  Not coincidentally, the US employment rate from 2009-2011 ranged between eight and ten percent.

On the other hand, the H-1B cap was reached on the very first day in 2007, 2008, 2013 and 2014, mirroring the low unemployment rate.

 

The lack of H-1B petition filings in years when the unemployment rate is high is compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers' salaries.

Why?  Because if H-1B visa labor was being used primarily to lower US workers’ salaries, then H-1B filing numbers would not correlate with US unemployment rates.   If anything, the reverse would happen because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less.

This logic is straightforward and it is a shame that otherwise successful people do not see employment visas for what they are -- tools for growing industries to fill labor shortages.  Organizations -- and governments -- work better when they work on data and not on nonsense.

H-1B TELECONFERENCE FEB 4, 2015

In anticipation of the H-1B cap filing date of April 1, 2015, MU Law will be holding a free teleconference for our clients on February 4, 2014 at 2PM / 11AM PT.  Interested clients should email MU’s Annalisa Smith, who can register you for the teleconference.

Last year the H-1B cap was reached in the first week; we expect that the demand will be even greater this year.  It is imperative that all H-1B cap-subject petitions are filled on April 1, 2015.

H-1B cap-subject petitions include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

In addition to the H-1B cap discussion, MU lawyers will also provide an employment-based immigration legislation update.

WILL THE PRESIDENT PUSH CONGRESS ON IMMIGRATION AND WILL IT MATTER IF HE DOES

President Obama is readying this year’s State of the Union address.  The annual speech is given to Congress in late January.

Last year, he barely gave it a mention, stating, “If we are serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders, and law enforcement – and fix our broken immigration system.”

Congress failed to act on his mild plea and no immigration measure passed Congress.  Frustrated with Congress’ refusal to act, the President announced a large scale immigration reform measure in November, via Executive Action.

The broad proposal calls for immigration reform in a number of areas where the President believes that he can act without Congressional action.  About half of the State’s Attorneys General have sued the President seeking to block the enactment of the plan outlined in November.

At this point it seems like the President and the Congress are unwilling to make any steps toward a mutually acceptable immigration bill.  House Speaker Boehner seems more interested in Taylor Swift GIF’s than meaningful legislative measures.

CHANGES TO THE MANILA MEDICAL EXAM PROCESS

The US Embassy – Manila has begun a new medical exam process.  Effective January 5, 2015, St. Luke’s Medical Center Extension Clinic (SLMCEC) will release the medical exam results directly to the applicants unless instructed otherwise by the Panel Physician.

Immigrant Visa applicants are reminded to bring the sealed medical exam report to their scheduled interview at the U.S. Embassy Manila.  If your medical exam pouch is tampered, the Embassy will instruct you to return your exam to the SLMCEC for resealing.

Detailed information about the medical exam process is available at the US Embassy’s website.

FEBRUARY 2015 VISA BULLETIN

The Department of State has just released the February 2015 Visa Bulletin.  This is the fifth Visa Bulletin of the 2015 US Fiscal Year, which began October 1, 2014.  

The biggest news is the continued progression of the Philippines EB-3, the Worldwide-All Other (ROW) EB-3 date and the Mexican EB-3 date.  These are all now at January 2014.  

India EB-2 had a jump in dates as well.  It moved seven month and is now at September 2005.   India EB-3 continued to move ahead at a snail's pace.  It is December 2003.

The Chinese EB-2 and EB-3 number continued to move inconsistently.  China EB-3 remains ahead of China EB-2 which has been the case for much of the last two years.

Employment- Based	All Other	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15MAR10	15SEP05	C	C
3rd	01JAN14	01SEP11	22DEC03	01JAN14	01JAN14

EXECUTIVE ACTION EXPANDS THE USE OF THE EAD

MU's Maria Schneider authored the Greater Cincinnati Human Resources Association's January Guest Blog opinion. Maria's piece discusses President Obama's recent Executive Action on Immigration and the expansion of the use of the Employment Authorization Document.


President Obama recently announced the Immigration Accountability Executive Actions (IAEA), a series of changes to immigration policy. At this time, only summary policies have been released; over the next few months, more details will emerge.  The earliest of these changes will take effect in the first quarter of 2015.  

The following four parts of the IAEA allow individuals to obtain work authorization in the form of an Employment Authorization Document (EAD)(read more on the GCHRA website).

H-1 CAP INCREASE IN 2015?

With the New Year comes a new Congress and the potential for new legislation.  Both houses of Congress are firmly in Republican hands, and so all legislation proposed and passed by this Congress will be Republican in nature.

Over the New Year holiday several publications indicated that an increased H-1B cap may be first up on the Republican immigration agenda.  Computerworld suggests that the new Congress may move swiftly on increasing the H-1B cap.  Reporter Patrick Thibodeau says that the Congress may move on the I Squared Act.  The I Squared Act, which was authored by Sen. Orrin Hatch (R-UT) had bipartisan support when it was first introduced in 2013.  

The I Squared Act (Immigration Innovation Act) calls for the H-1B cap to increase to 115,000 per year, from its current 85,000. Additionally, the H-1B cap would contain a “market-based escalator” that would increase or decrease the H-1B cap as employer-demand ebbed and flowed, although it could never fall below the 115,000 threshold.  It could conceivably rise as high as 300,000 over several years.

Yesterday the Washington Post reported that Sen. Hatch reiterated that

“The new Congress has an opportunity to enhance America’s competitive workforce through immigration reform that will streamline the hiring process for high-skilled individuals entering the United States and by investing in STEM education and training.”

Presumably Sen. Hatch’s “opportunity” includes reviving last year’s I Squared Act.

President Obama has already laid down his marker with a bold Executive Order, which includes giving work permits to about 5 million undocumented aliens.  In using his Executive Order, President Obama has shown that he understands the power of the government to effect change.  His power is however eclipsed by Congress’.  It is Congress’ turn to act on that power.