Attorney Comments: The USCIS is expected to have received upwards of 200,000 H1B petitions (approx 175,000 Bachelors Cap and approx. 25,000 US Masters Cap). This is merely an educated guess. Against the annual quota of 65,000 Bachelors and 20,000 US Masters, the USCIS will run a numerical random lottery in 2-3 days. They will first log in all the cases received. Every case gets a case number. Then they run a lottery. Those that make the lottery wil be issued formal receipt notices. Due to the high volume we expect that USCIS will take 2-3-4 weeks or more to send out all the receipt notices. After all the receipt notices have been sent out, the USCIS will start sending out "lottery rejection" letters. Each such letter will reference the alien's name and the H1B petitioning employer's name and a case#. The process is very transparent. If you do not make the H1B lottery, you will know for sure that at least your case was filed and delviered and logged in and that you had a fair, honest shot at it. The rejection letters can take 2-3-4 weeks to come-- again due to the high volume that the USCIS is dealing with. After that, the USCIS starts adjudicating those cases that made the lottery on mertis and that process takes 3 months approx. The USCIS may approve outright or issue an RFE (request for evidence) allowing typically 84 days for response to RFE. Very rarely do they outright deny an H1B petition. Please stay tuned. We will keep posting updates as necessary. ~~~Attorney Khosla.
AILA: Deluge of H-1B Applications Exposes Artificial Limit as Roadblock to Economic Growth from Outdated System
AILA Doc No. 15004070 | Dated April 7, 2015
FOR IMMEDIATE RELEASE April 7, 2015
WASHINGTON, DC — Leslie A. Holman, President of the American Immigration Lawyers Association (AILA), commented on today's announcement from U.S. Citizenship and Immigration Services (USCIS) that the agency has received more than enough petitions to reach the 85,000 maximum new H-1B visas that are available for fiscal year 2016, with the following statement:
"The H-1B program helps employers address temporary specialty-skilled workforce needs, make U.S. businesses more competitive, create jobs and grow the economy. But, once again, our country's outdated and inefficient immigration laws are blocking economic gains and business growth by artificially limiting the number of new H-1B visas that can be issued in any one year. This year, as in the past several as the recovery really got going, a deluge of petitions for H-1B visas were filed that exceeds the limit, and now USCIS will be holding a lottery to determine which of those petitions will actually be considered. All others will be returned, without even a review.
"This year, yet again, we see the serious shortcoming in the H-1B visa process. Market demand should factor into how many visas are granted. The inverse happens, as we saw during the economic downturn, when demand for H-1Bs slowed. So why, when the economy is bouncing back, are we throwing obstacles up in its way? How much more obvious can the problem of lack of visas be?
"If a company was using dial-up internet these days we'd be surprised at the time they're wasting and the productivity they're losing. So why is our country stuck with an outdated visa cap that makes businesses run less efficiently? It's long past time that our immigration system be upgraded to one that actually meets our economic needs and fits the 21st century global economy."
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
3/13/15: District Court Finds USCIS Committed “Abuse of Discretion” By Denying H-1B Petition: The court orders USCIS to grant plaintiff’s petition for H-1B status, finding that USCIS improperly determined that plaintiffs had failed to demonstrate that a part-time Health Care Manager with a bachelor’s degree in management qualified for an H-1B petition. See http://www.usimmigration.net/images/Chunng_Song_JA_Corp_v_USCIS_3-13-15.pdf
Cap H1B season: USCIS has posted instructions on its website about the anticipated H1B cap filings expected this year and the usual need for an annual lottery. USCIS states: On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming. The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April. See http://www.uscis.gov/news/uscis-will-accept-h-1b-petitions-fiscal-year-2016-beginning-april-1-2015 Also see http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2016-cap-season
Member of American Immigration Lawyers Association (www.aila.org)
Established in 1995, THE KHOSLA IMMIGRATION LAW GROUP, P.C., is a full-service corporate business immigration & family immigration law firm. We are engaged exclusively in the representation of individual and corporate clients in H-1B, H-4, L-1A, L-1B, L-2, TN-1, TN-2, TD, E-3, B1 and/or B2 matters, assistance to F1 students for F1 OPT/CPT, and representation of employers and sponsored beneficiaries for the US Permanent Residency (Green Card) process under PERM (EB2/EB3) and under Extraordinary Ability Alien, Outstanding Researchers, and National Interest Waivers petitions (EB1/EB2) matters, as well as related AC21 Portability matters, Naturalization (N-400), and including Family Based Green Card filings for all our returning clients and new clients.
We also represent numerous individual clients each year in Family Based Green Card cases (I-130, I-485, K1 fiancee) as well as Citizenship/Naturalization (N-400) and Green Card renewal issues, and these are cases that typically emerge from our professional client base or referrals from our existing clients. We accept new clients and welcome our old clients who come back to us when they become eligible for filing their Naturalization applications, as well as new Family Based Green Card filings for their immediate relatives and other family members of US Citizens.
In 2015, this law firm has entered into its 21st year in business as a boutique business immigration law firm representing corporate clients, individual clients and their family members for work visas, student visas, business and visitor visas, employment and/or family based green card applications and citizenship filings.
We take great pride in our commitment to excellent client service by providing an outstanding legal work product, very reasonable fees and payment structure, rapid turnaround times, careful attention to clients, and timely updates on the latest developments in the area of immigration law. We also take great pride in the knowledge that all our core support personnel, case managers and paralegals have been with the law firm for over 15 years, and our clients truly appreciate these long associations with the same caring professionals over several years as their cases progress through the immigration system.
The law firm's principal attorney, Mr. P. Michael Khosla, enjoys a nationwide reputation amongst the core business immigration client community throughout the United States, for the personal attention and dedication to the cases he handles, a genuine compassion towards his clients, intelligent and strategic lawyering, an outstanding track record of winning cases, and a reputation for rapid responses to his clients’ emails throughout the entire representation period for issues related to their immigration cases. Since 1995, Attorney Khosla has successfully handled over 20,000 immigration cases over a wide spectrum and of varying levels of complexity, with a virtually 100% success rate.
During the course of the past (almost) two decades, this law firm has steadily grown to a point where it currently represents hundreds of corporate and individual clients each year, in business immigration matters for professional employment, and select family based GC matters, in all 50 states in the United States, and the law firm's foreign-born clientele has originated from over 60 different countries. The law firm's portal on the Internet, www.usimmigration.net has been in existence since 1995, making it one of the oldest immigration lawyer websites.