USCIS Trying to Keep Startups in the U.S.

The USCIS has announced a new initiative designed to attract and retain foreign entrepreneurs, particularly in the high-tech sector, who wish to launch start-up companies in the U.S.   This initiative will include changes to current visa programs and training for visa officers with the objective of enabling more entrepreneurs to gain entry into the U.S. and of bringing more speed and efficiency to the visa-application process.

Here are some of the proposed changes:

EB-2 Immigrant Visas: foreign entrepreneurs will be eligible without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest.

H-1B Visas: The government is also seeking to bolster use by foreign entrepreneurs of H-1Bs. A sole entrepreneur can now qualify for an H-1B if the individual’s employment is decided by a corporate board or shareholders of the start-up company.

EB-5 Investor Visas: Additionally, the EB-5 investor program, which enables foreign investors and their families to qualify for green cards if they invest at least $500,000 in a U.S. project that generates at least 10 jobs.

If you have any questions about this new government initiative or any of these visas please contact our office at info at harms-law.com.

Here is a link to the Wall Street Journal article discussing this initiative: http://online.wsj.com/article/SB10001424053111904292504576482573203358158.html

Updated H-1B Count

As of July 22, 2011 approximately 21,600 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 13,300 H-1B petitions for aliens with advanced degrees.   USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

Updated H-1b Count

As of July 1, 2011 approximately 18,400 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 11,900 H-1B petitions for aliens with advanced degrees.   USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

H-1B Count

As of May 20, 2011, approximately 12,300 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 8,500 H-1B petitions for aliens with advanced degrees.  Last week the count was 11, 200 H-1B cap-subject petitions and 7,900 H-1B petitions for aliens with advanced degrees.  USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

Updated PERM processing times as of 4/25/11

The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of April 25, 2011.  The processing times, according to DOL, are as follows:

• Regular processing:  DOL is processing PERM applications filed in March of 2011. 
• Audited applications: DOL is processing PERM audits which have a priority date of December 2009. 
• Appealed applications:  DOL is processing PERM appeals which have a priority date of September 2008.  
• “Government error” appealed applications: DOL is current on these cases meaning a 30-45 day processing time.

Here is the link to the DOL page with the processing times for more information: http://icert.doleta.gov/#fragment-2

New iCert Department of Labor Systems Leads to Frustration with Government Processing

Earlier this year, the Department of Labor announced that it was revising the system that handles the labor condition application (LCA) associated with the H-1B petition.  Previously, employers (and their attorneys), could submit a Labor Condition Application online and it was immediately processed and certified.  The certified LCA must be included with the H-1B application.

The new system, called the iCert portal, now requires that employers register in the system.  Attorneys can then create their new subaccounts to submit applications on behalf of the employers.  This new system is riddled with problems.  Instead of instantaneous approvals, the Department of Labor (DOL) has promised adjudication in 5-7 business days.  This adds an additional 1-2 weeks of processing time which is frustrating for employers who hire new candidates and need for them to start working immediately.   Further, many of these employers have unmatched federal employer identification numbers (FEIN) which leads to an immediate denial and for the employer to wait while the Department of Labor verifies the FEIN.  Lastly, sometimes after waiting 5-7 business days, the application is denied for no apparent reason, forcing the attorney or employer to refile and wait an additional 5-7 days. 

Why does the government need to “fix” a system that was never broken?  The Department of Labor was originally involved in the immigration system to protect US workers.  Instead, it has added one more layer of bureaucracy into an already murky highly nonsensical process.  As I’ve said to my clients, you shouldn’t need an attorney to assist you with immigration matters, but you do.  This is why.