http://www.antaoandchuang.com/rss.xml en http://www.antaoandchuang.com/en/temporary-visas-work-study-tourist/10-ways-beat-h-1b-quota <p> This year the H-1B quota ran out on the very first day! In fact, there was such a deluge of H-1B applications that the USCIS was forced to run a lottery to decide who among the applicants would receive a coveted H-1B visa. As a result, many applicants who applied on the very first day were unable to get an H-1B visa. Therefore, if you want to have a chance of obtaining an H-1B visa, your best bet is to qualify under one of the quota exemptions listed below. Best of all, if you qualify for an H-1B exemption, you can proceed with your H-1B petition immediately, <strong>to start work now</strong> (either immediately upon approval of the H-1B petition or upon receipt of the petition if you qualify for portability), <strong>without having to wait for the next fiscal year!</strong><!--break--><br /> </p> <p> Specifically, for the current fiscal year (October 1, 2007 to September 30, 2008), the H-1B quota ran out on April 2, 2007, the first day the USCIS accepted H-1B petitions for employment starting on October 1, 2007. On April 3, 2007, USCIS announced: &quot;As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions.&quot; </p> <p> There are only 65,000 H-1B visas allocated each year (minus certain special set-asides) under current law. As a result, as the following chart shows, the H-1B quota has run out earlier and earlier, so that this year the H-1B ran out on the very first day.<br /> </p> <p> &nbsp; </p> <table border="1" cellpadding="5" width="100%"> <tbody> <tr> <td>Fiscal Year</td> <td>Earliest Employment Start Date</td> <td>Earliest H-1B Filing Date</td> <td>Date H-1B Quota Cap Reached</td> <td># of Days H-1B Filing Window Open <br /> (incl. Sat. Sun, and holidays)</td> <td># of Days less than prior fiscal year</td> </tr> <tr> <td>2005</td> <td>October 1, 2004</td> <td>April 1, 2004</td> <td>October 1, 2004</td> <td align="center">183</td> <td> </td> </tr> <tr> <td>2006</td> <td>October 1, 2005</td> <td>April 1, 2005</td> <td>August 10, 2005</td> <td align="center">131</td> <td align="center">52</td> </tr> <tr> <td>2007</td> <td>October 1, 2006</td> <td>April 1, 2006</td> <td>May 26, 2006</td> <td align="center">55</td> <td align="center">76</td> </tr> <tr> <td>2008</td> <td>October 1, 2007</td> <td>April 1, 2007</td> <td>April 2, 2007 </td> <td align="center">1 </td> <td align="center">54 </td> </tr> </tbody> </table> <p> &#160; </p> <p> The next fiscal year is federal fiscal year 2009, which begins on October 1, 2008. H-1B applications for that fiscal year will only be accepted from April 1, 2008. However, given the experience of past years, the H-1B quota will likely, again, run out on the first day, and the USCIS will likely have to administer another lottery.<br /> </p> <p> What is the bottom line to this state of affairs? The bottom line is that if you would like to be employed under an H-1B, your best bet is to focus on &quot;beating&quot; the H-1B quota by qualifying under one of the H-1B quota exemptions.<br /> </p> <p> If you qualify for an exemption: you don't even need to wait for April 1, and you don't need to wait for the next fiscal year to begin. You can proceed with your H-1B petition immediately. </p> <p> Therefore, you should <strong>carefully read each of the following exemptions from the H-1B quota</strong>, and figure out whether to try for one of these exemptions. Good Luck! </p> <h2>10 exemptions from the H-1B quota:</h2> http://www.antaoandchuang.com/en/temporary-visas-work-study-tourist/10-ways-beat-h-1b-quota#comments H-1B Quota H-1B Visa Immigration Attorney Immigration Lawyer Immigration Lawyer US Sun, 28 Oct 2007 16:42:59 -0400 RSA 9182 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/refiling-labor-certification-application-filed-under-previous-regul <h2>Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> <p> Yes, <strong>if a job order has not been placed</strong> pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, <strong>within 210 days of withdrawing</strong>, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation. </p> <p> NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application. </p> <p> NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile. </p> </blockquote> http://www.antaoandchuang.com/en/labor-certification/refiling-labor-certification-application-filed-under-previous-regul#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7840 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/if-i-send-required-information-about-my-case-will-i-have-respond-ce <h2>If I send in the required information about my case, will I have to respond to a Center Receipt Notification Letter (CRNL) indicating that I want to continue?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> If the information you provide is sufficient to reconstruct the case, you will not have to respond to a CRNL as the request about the case will be taken as proof of a desire to continue. However, if information is missing that is required to continue processing, you may receive a CRNL with a corrections list of information required to continue processing. You should respond to this letter within the 45-day timeframe. </blockquote> http://www.antaoandchuang.com/en/labor-certification/if-i-send-required-information-about-my-case-will-i-have-respond-ce#comments Backlog Elimination Centers Green Card GreenCard Immigration Lawyer US Labor Certification Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7999 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/what-schedule-and-who-qualifies <p><em>According to the Labor Department:</em></p> <blockquote> Schedule A lists those occupations for which a determination by the Department of Labor has been made that there are not sufficient United States workers who are able, willing, qualified, and available and the wages and working conditions of United States workers similarly employed will not be adversely affected by employment of aliens in those occupations. An employer seeking a labor certification for a physical therapist, a professional nurse, or an alien of exceptional ability in the performing arts, sciences or arts, to include college and university teachers, should review § 656.5, Schedule A, to determine whether the alien's qualifications meet the provision's requirements. </blockquote> http://www.antaoandchuang.com/en/labor-certification/what-schedule-and-who-qualifies#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7931 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/if-employers-job-opportunity-occupation-which-subject-wage-determin <h2>If the employer's job opportunity is for an occupation which is subject to a wage determination under the Davis-Bacon Act (DBA) or the McNamara-O'Hara Service Contract Act (SCA), must the employer use the DBA or SCA?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, the employer is not required to use a wage determination under the DBA or the SCA but may choose to do so. </blockquote> http://www.antaoandchuang.com/en/labor-certification/if-employers-job-opportunity-occupation-which-subject-wage-determin#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7894 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/application-labor-certification-schedule-occupations-filed-departme <h2>Is an application for a labor certification for Schedule A occupations filed with a Department of Labor National Processing Center?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, an application for a labor certification for Schedule A occupations is filed, in duplicate, with the appropriate Department of Homeland Security (DHS) office. </blockquote> http://www.antaoandchuang.com/en/labor-certification/application-labor-certification-schedule-occupations-filed-departme#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7932 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/must-employer-obtain-prevailing-wage-determination-employer-begins- <p><em>According to the Labor Department:</em></p> <blockquote> No, the employer does not need to wait until it receives a prevailing wage determination before beginning recruitment. However, the employer must be aware that in its recruiting process, which includes providing a notice of filing stating the rate of pay, the employer is not permitted to offer a wage rate lower than the prevailing wage rate. Similarly, during the recruitment process, the employer may not make an offer lower than the prevailing wage to a U.S. worker. </blockquote> http://www.antaoandchuang.com/en/labor-certification/must-employer-obtain-prevailing-wage-determination-employer-begins-#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7895 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/regarding-employers-being-able-place-alien-payroll-under-656-10-c-4 <h2>What is meant by the "employer's being able to place the alien on the payroll" under § 656.10(c)(4)? How does it differ from having funds available to pay the alien's wage or salary in § 656.10(c)(3)?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> The employer may be required, depending on the circumstances, to establish that the position offered is actually available at the time of the alien's proposed entrance into the United States. For example, the employer may be asked to provide evidence that a plant or restaurant, which is in the planning stage or under construction at the time the application is filed, will be completed at the time of the alien's proposed entrance into the United States. While the employer may be fiscally able to pay the alien, other circumstances, such as non-viability of the business itself, may preclude the employer from placing the alien on the payroll. </blockquote> http://www.antaoandchuang.com/en/labor-certification/regarding-employers-being-able-place-alien-payroll-under-656-10-c-4#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7847 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/during-public-briefings-department-indicated-there-will-be-2-proces <h2>During the public briefings, the Department indicated that there will be 2 processing tracks—Reduction in Recruitment (RIR) and Traditional Recruitment (TR). As to the First in-First out (FIFO) principle, does this mean RIR cases will be separated or distinguished from permanent TR cases?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Yes, there will be two processing tracks—RIR and TR. Each track will have a separate FIFO queue. At the centers we will allocate resources so that RIR and TR cases receive equitable treatment in processing </blockquote> http://www.antaoandchuang.com/en/labor-certification/during-public-briefings-department-indicated-there-will-be-2-proces#comments Backlog Elimination Centers Green Card GreenCard Immigration Lawyer US Labor Certification Permanent Residency Reduction in Recruitment RIR TR Traditional Recruitment U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 8003 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/must-employer-request-prevailing-wage-determination-state-workforce <p><em>According to the Labor Department:</em></p> <blockquote> Yes, a prevailing wage determination must be requested from the SWA having jurisdiction over the proposed area of intended employment. </blockquote> http://www.antaoandchuang.com/en/labor-certification/must-employer-request-prevailing-wage-determination-state-workforce#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7934 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/it-permissible-use-same-prevailing-wage-determination-more-one-appl <p><em>According to the Labor Department:</em></p> <blockquote> Yes, as long as provisions regarding the validity period are followed, the employer is permitted to use the same prevailing wage determination if the prevailing wage is for the same occupation and skill level; the same wage source is applicable; and the same area of intended employment is involved. </blockquote> http://www.antaoandchuang.com/en/labor-certification/it-permissible-use-same-prevailing-wage-determination-more-one-appl#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7899 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/message-my-corrections-list-states-employers-name-address-not-same- <h2>The message on my Corrections List states, "The Employer's name/address is not the same on Form ETA 750 Part A and Part B." What do I need to do?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Please refer to item 6 on Form ETA 750 Part A and item 8 on Form ETA 750 Part B. These items must match exactly on your application. Initial and date any corrections you make on your application and return it to the appropriate Backlog Processing Center. </blockquote> http://www.antaoandchuang.com/en/labor-certification/message-my-corrections-list-states-employers-name-address-not-same-#comments Backlog Elimination Centers Green Card GreenCard Immigration Lawyer US Labor Certification Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 8017 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/posting-notices-filing-college-and-university-teachers-after-select <h2>Can notices of filing for college and university teachers recruited under the competitive recruitment and selection process be posted after the selection process has been completed?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Yes, for college and university teachers, notices of filing may be posted after the selection process has been completed. An application for a college or university teacher may be filed up to 18 months after the selection is made and a notice of filing must be provided between 30 and 180 days prior to filing the application either by providing notice to the bargaining representative, if one exists, or by posting notice at the facility or location of employment. </blockquote> http://www.antaoandchuang.com/en/labor-certification/posting-notices-filing-college-and-university-teachers-after-select#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7854 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/does-bpc-case-continuance-letter-need-be-signed-only-employer-or-ca <p><em>According to the Labor Department:</em></p> <blockquote> The Selection of Continuation Option Letter may be signed and submitted by either the employer or the employer's attorney/agent of record. We request, however, that employers and attorneys coordinate to determine who will submit the Selection of Continuation Option Letter to ensure that the appropriate Backlog Processing Center does not receive conflicting or duplicate responses. In the instance of conflicting responses, we will default to the employer's response. </blockquote> http://www.antaoandchuang.com/en/labor-certification/does-bpc-case-continuance-letter-need-be-signed-only-employer-or-ca#comments Backlog Elimination Centers Green Card GreenCard Immigration Lawyer US Labor Certification Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 8019 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/what-documentation-must-employer-file-when-seeking-schedule-labor-c <p><em>According to the Labor Department:</em></p> <blockquote> <p> The employer must file, as part of its labor certification application, documentation the alien meets one of three requirements: the alien has a Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate, the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX—RN) exam, or the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment. </p> <p> NOTE: Unlike the filing requirements under other PERM provisions, for Schedule A occupations, the employer is required to submit the applicable documentation when the employer files the application with the appropriate Department of Homeland Security office. </p> </blockquote> http://www.antaoandchuang.com/en/labor-certification/what-documentation-must-employer-file-when-seeking-schedule-labor-c#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7938 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/does-perm-have-provision-similar-or-same-schedule-b-provision-regul <h2>Does PERM have a provision similar to, or the same as, the Schedule B provision in the regulation in effect prior to March 28, 2005?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, the former regulation's Schedule B provision has been eliminated; there is no similar provision in PERM. </blockquote> http://www.antaoandchuang.com/en/labor-certification/does-perm-have-provision-similar-or-same-schedule-b-provision-regul#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7939 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/how-long-must-employer-publish-notice-filing-employers-house-media <p><em>According to the Labor Department:</em></p> <blockquote> If the employer normally recruits for similar positions in the employer's organization through in-house media, then the employer must publish the notice of filing in its in-house media in accordance with the employer's normal procedures for recruitment of similar positions or for 10 consecutive business days, whichever is of longer duration. </blockquote> http://www.antaoandchuang.com/en/labor-certification/how-long-must-employer-publish-notice-filing-employers-house-media#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7857 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/what-are-procedures-be-followed-filing-applications-behalf-aliens-e <h2>What are the procedures to be followed in filing applications on behalf of aliens of exceptional ability in the performing arts formerly processed under the special handling procedures in the former regulations?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Aliens of exceptional ability in the performing arts are now included in § 656.5, Schedule A, under Group II. Accordingly, such applications must be filed in duplicate with the appropriate office of the Department of Homeland Security. The documentation that must be filed in support of such applications is listed in § 656.15, Applications for labor certification for Schedule A occupations. </blockquote> http://www.antaoandchuang.com/en/labor-certification/what-are-procedures-be-followed-filing-applications-behalf-aliens-e#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7942 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/employer-permitted-use-wage-range-opposed-single-wage-rate-advertis <p><em>According to the Labor Department:</em></p> <blockquote> Yes, the employer may advertise with a wage range as long as the bottom of the range is no less than the prevailing wage rate. </blockquote> http://www.antaoandchuang.com/en/labor-certification/employer-permitted-use-wage-range-opposed-single-wage-rate-advertis#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7906 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/could-publishing-notice-filing-employers-house-media-be-counted-one <h2>Could the publishing of the notice of filing in the employer's in-house media be counted as one of the additional steps required in the recruitment for professional occupations provision? </h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, posting of the notice of filing on in-house media, including an "Intranet," can not be counted as an additional recruitment step, as it is believed that potential job applicants would only view the notice as a legal or information notice, not as an advertisement for a job opportunity, and would not apply. </blockquote> http://www.antaoandchuang.com/en/labor-certification/could-publishing-notice-filing-employers-house-media-be-counted-one#comments Green Card GreenCard Immigration Lawyer US Labor Certification PERM Permanent Residency U.S. Labor Department Tue, 25 Sep 2007 07:20:02 -0400 JSA 7858 at http://www.antaoandchuang.com