H1-B VISA DEADLINE SPURS COTTAGE PROGNOSTICATION INDUSTRY

By Edward Shulman (478 words)
Posted in Immigration Law on April 14, 2014

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The recent arrival of the April 1 filing date for individuals seeking to work in the United States pursuant to H1-B visas begins a period of time of nervous waiting. Prospective workers and their potential employers hold their collective breath as they wait to see if the USCIS will announce the need for a lottery and then, if so, who will qualify for the 65,000 allotted spots that are generally available. As this process unfolds, foreign workers will find out if they will be spending the next part of their careers working in the United States and employers - particularly in information technology sectors - will learn if and how they will be filling job slots for which they require employees with certain unique qualifications.

The gravity of the process deserves to be reiterated because its outcome profoundly influences the careers of so many applicants and the business plans of so many companies. Nevertheless, the annual opening by the USCIS of the H1-B application window also has garnered observers of this part of the immigration process to make predictions as to how many will apply and for how long the USCIS will accept petitions before closing the pool.

One annual prognosticator predicts that the USCIS will have a lottery for 2015 and that the expected pool of petitions from which they will choose ranges from 150,000 to 180,000.  Several criteria considered in rendering its prognostication are:

  • Performance of the U.S. economy

  • Trajectory of the national unemployment rate

  • Number of 2014 applicants denied visas

  • Number of international students studying in America

  • Allocation of slots to STEM students for 17-month OPT extensions

  • Tightening of application rules and raising of fees

  • Impact of discussion about whether the number of slots under caps should be raised

Based on data from the last six years, the improving economy will substantially increase the likely number of applicants and overcome any countervailing factors related to tighter rules and higher fees. Observers from India reach similar conclusions. Correspondents from the Times of India report that the quota of 65,000 is expected to be exhausted on the very first day.H-1B quota may be used up on Day 1. Even the USCIS predicts another record year of H-1B cap filings.

The Shulman Law Group, LLC has successfully prepared and filed many H1-B visa petitions on behalf of its clients.. Its comprehensive experience in the field enables the firm’s attorneys and professional staff to understand what information and materials needs to be produced in order to ensure petitions receive appropriate consideration. What distinguishes our firm from others is the commitment to present all relevant descriptive and contextual information about a certain position so that the chances for approval of a visa are maximized. The firm’s excellence is fortified by its rigorous determination to ensure that all procedural matters are properly addressed.

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