H1 Visas in news again: Applications for Fiscal Year 2018 Beginning April 3

The U.S. Citizenship and Immigration Services, USCIS,  announced on March 15, 2017 that it will accept H-1B Petitions for Fiscal Year 2018 Beginning April 3 (Link: USCIS Announcement). The announcement added

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.

Congress set a cap of 65,000 H-1B visas per fiscal year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. 
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker which requests the H1B nonimmigrant classification.
In the past years, USCIS had been accepting the applications during first five business days. During the initial few days, they would receive enough petitions to fill in the Congressional mandated 85,000 H-1B visas. Media and immigration consultants are speculating if this year be different.  This 85,000 Congressional mandated limit on H-1B visas include 65,000 in the general category and another 20,000 for foreign students who have masters or higher degree from a US academic institutions.
Top H1 sponsoring companies (link to list) include Indian, American and European software service firms including Infosys, Capgemini, Tata Consultancy Services, IBM, Wipro, Accenture, Tech Mahindra (Americas), Deloitte Consulting, Cognizant Technology Solutions. The top-20 list includes software companies like Google, Microsoft and Amazon.

Other articles and blogs on the topic

Indian American Congressman urges Sessions to combat hate crimes

Indian American Congressman Raja Krishnamoorthi has urged US Attorney General Jeff Sessions to take immediate action to stop rising hate crimes in the US.

Krishnamoorthi, in a letter, requested Sessions to use his discretion in the Justice Department to thwart the rising incidents of hate and violence in the country, American Bazaar online reported on Thursday.

Congressman Raja Krishnamoorthi
U.S Congressman Raja Krishnamoorthi (source Official house.gov)

“From grave desecration at a Jewish cemetery in St. Louis to a shooting at a bar in Kansas, Americans have been shaken to the core by the recent rise in hate crimes,” Krishnamoorthi said in the letter.

The Indian American community was in a state of shock after a US Navy veteran Adam Purinton shot dead Indian engineer Srinivas Kuchibhotla and injured Alok Madasani in an apparent hate crime on February 22.


More about the issue that is being debated from our prior blogs


Purinton reportedly got into an argument with the two and hurled racial slurs. He yelled “get out of my country” before shooting them.

Several other instances of hate crime were also witnessed in the US. Jewish Community Centres across the country have received bomb threats, and countless Muslims have been harassed and threatened, the Democrat said.

“All Americans must be able to count on the federal government to defend their fundamental rights as citizens of this great republic. If any American is harassed or threatened because of who they are, it harms everyone,” Krishnamoorthi said.

“I respectfully urge you to use the full powers of the Justice Department to investigate and combat this disturbing rise in hate crimes,” he said. “These attacks seek to undermine not just public safety, but the very nature of American exceptionalism.”

He said: “For more than two hundred years, the US has stood as a beacon of freedom from tyranny, oppression, and persecution.”

“A fundamental promise of our nation is that any American — regardless of where you come from, the color of your skin, or how you pray — can trust the federal government to preserve, protect, and defend their rights,” Krishnamoorthi added. (IANS news feed)


About Congressman Raja Krishnamoorthi. Official website https://krishnamoorthi.house.gov/

Congressman Raja Krishnamoorthi was elected in November 2016 to represent the 8th District of Illinois, which includes the west and northwest suburbs of Chicago.  Raja’s policy platform focuses on growing and strengthening the middle class by supporting small businesses, rebuilding our infrastructure, and protecting Social Security and Medicare.  Raja knows our economy works best when it works for all of us, and that’s why he’s fighting to make college more affordable, expand access to paid sick and parental leave, and guarantee equal pay for equal work.”

Check out our earlier feature “Desis in U.S Congress! Indian-American Fab Five formally enter US Congress on Tuesday”

Premium Processing for All H-1B Petitions to be suspended starting April 3, 2017 : what should you know

Here is a recent announcement by US’s Immigration services that is making headlines

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions starting April 3, 2017 (link)

Image: Reuters

Text of official announcement follows:

Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will notify the public before resuming premium processing for H-1B petitions.

Who Is Affected

The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption (the “master’s cap”). The suspension also applies to petitions that may be cap-exempt.

While premium processing is suspended, we will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, we will have to reject both forms.

We will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017. Therefore, we will refund the premium processing fee if:

  1. The petitioner filed the Form I-907 for an H-1B petition before April 3, 2017, and
  2. We did not take adjudicative action on the case within the 15-calendar-day processing period.

This temporary suspension of premium processing does not apply to other eligible nonimmigrant classifications filed on Form I-129.

The suspension of premium processing of H1 Visa applications is making headlines in Tech and business media around the world. This is being seen as yet another move by President Trump’s administration to tighten and control the processing of work-visa applications to the US.

As per GaramChai.com’s report, top 10 Indian Software services companies including Infosys, Wipro, TCS, Cognizant and others are the top H1 visa sponsors (list of top sponsors in 2016-2017).

The premium processing basically guarantees a decision in 15 days, which makes it extremely useful for businesses looking to hire someone at short notice. Most employers will not be in a position to wait for 8-10 months for a regular processing.

Although media is focused on the impact of the visas on Software service companies, many of these firms – including IBM, Accenture, Deloitte, Infosys, Wipro, TCS, Cognizant – sponsor H1 Visa applications for scores of employees much in advance of specific client requests. Such applications are unlikely to be hit by any backlog. At least not in the long term.

Media reaction to the announcement:

Q&A: What is Eb5 visa?

Given the hype in the media over potential changes to American visa and immigration regulations, EB5 is being touted by immigration consultants and an “easy” way to get an American Green Card.

Let us start with the Official: USCIS Link EB-5 Immigrant Investor Program

USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

– Make the necessary investment in a commercial enterprise in the United States; and

 

– Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

The following link to GaramChai.com Eb5 visa section has a more detailed description and analysis of the EB5 program

EB5 is an American “investor” visa. The EB-5 visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a Targeted Employment Area – high unemployment or rural area), creating or preserving at least 10 jobs for U.S.

Assuming you are a high-net worth individual who can afford to invest US$ 0.5 to 1 million, it is still worth heeding the Investor Alert: Investment Scams Exploit Immigrant Investor Program (USCIS and SEC caution investors)

If your investment through EB-5 turns out to be in a fraudulent securities offering, you may lose both your money and your path to lawful permanent residency in the United States. Carefully vet any EB-5 offering before investing your money and your hope of becoming a lawful permanent resident of the United States.