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/does-use-electronic-national-professional-journal-satisfy-advertise <h2>Does the use of an electronic national professional journal satisfy the advertisement requirement under the college and university teachers' special recruitment and documentation provision?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, use of an electronic national professional journal does not satisfy the optional special recruitment provision's advertising requirement. The employer must use a print publication. </blockquote> http://www.antaoandchuang.com/en/labor-certification/does-use-electronic-national-professional-journal-satisfy-advertise#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 7927 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/where-and-when-does-employer-obtain-prevailing-wage-information <p><em>According to the Labor Department:</em></p> <blockquote> <p> Prior to filing the Application for Permanent Employment Certification, ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET(OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date. </p> <p> NOTE: The SWA prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer. </p> </blockquote> http://www.antaoandchuang.com/en/labor-certification/where-and-when-does-employer-obtain-prevailing-wage-information#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 7889 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/how-long-must-supporting-documents-be-retained <p><em>According to the Labor Department:</em></p> <blockquote> The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification, ETA Form 9089. </blockquote> http://www.antaoandchuang.com/en/labor-certification/how-long-must-supporting-documents-be-retained#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 7836 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/what-should-i-do-if-my-case-status-closed-i-do-not-believe-it-shoul <h2>What should I do if my case status is "Closed" but I do not believe it should be closed because I never received a 45-day letter?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Please see our policy and FAQs regarding Requests for Reopening based on 45-day letters here: <a href="/system/files/backlog_faqs_07-10-06.pdf">backlog_faqs_07-10-06.pdf</a> (PDF, 50KB) </blockquote> http://www.antaoandchuang.com/en/labor-certification/what-should-i-do-if-my-case-status-closed-i-do-not-believe-it-shoul#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 7982 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/must-notice-filing-contain-rate-pay-application-filed-behalf-coll-0 <h2>Must the notice of filing contain the rate of pay for an application filed on behalf of a college or university teacher selected in a competitive selection and recruitment process?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> No, a rate of pay does not need to be included in a notice of filing for an application filed on behalf of a college or university teacher selected in a competitive selection and recruitment process. </blockquote> http://www.antaoandchuang.com/en/labor-certification/must-notice-filing-contain-rate-pay-application-filed-behalf-coll-0#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 7928 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/what-meant-expiration-date-question-8-section-f-prevailing-wage-inf <h2>What is meant by "expiration date" in question 8 of Section F, Prevailing Wage Information, on the Application for Permanent Employment Certification, ETA Form 9089?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> The expiration date is the end date of the prevailing wage validity period as provided by the State Workforce Agency, which will range from no less than 90 days to no more than one year from the determination date. </blockquote> http://www.antaoandchuang.com/en/labor-certification/what-meant-expiration-date-question-8-section-f-prevailing-wage-inf#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 7890 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/when-must-applications-be-signed <p><em>According to the Labor Department:</em></p> <blockquote> <p> Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center. Applications filed electronically must, upon receipt of the labor certification, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid. </p> <p> NOTE: Where the employer provides a copy of an application to a Certifying Officer pursuant to an audit or otherwise, the copy must be signed. </p> </blockquote> http://www.antaoandchuang.com/en/labor-certification/when-must-applications-be-signed#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 7837 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/i-entered-my-case-number-no-case-information-was-found-what-should- <p><em>According to the Labor Department:</em></p> <blockquote> First, check to make sure you entered the correct case number. Even a slight variation from the correct number can cause no case information to be found. If you are sure you entered the correct case number and no case information is found, contact the appropriate BEC that has your case at <a href="mailto:info@dal.dflc.us">info@dal.dflc.us</a> or <a href="mailto:info@phi.dflc.us">info@phi.dflc.us</a>. </blockquote> http://www.antaoandchuang.com/en/labor-certification/i-entered-my-case-number-no-case-information-was-found-what-should-#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 7985 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/must-prevailing-wage-determination-be-obtained-state-workforce-ag-0 <h2>Must a prevailing wage determination be obtained from the State Workforce Agency (SWA) if the employer is filing an application for a college or university teacher under the optional recruitment and documentation procedures provision?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> Yes, a prevailing wage determination must be obtained from the SWA even if the employer is filing an application for a college or university teacher under the optional recruitment and documentation procedures provision. The attestation provision of the PERM regulation requires the employer certify that the offered wage equals or exceeds the prevailing wage determined pursuant to the prevailing wage provision which, in turn, requires the employer to obtain a prevailing determination from the SWA having jurisdiction over the proposed area of intended employment. </blockquote> http://www.antaoandchuang.com/en/labor-certification/must-prevailing-wage-determination-be-obtained-state-workforce-ag-0#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 7929 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/can-attorney-agent-or-law-firm-register-use-permanent-line-system <p><em>According to the Labor Department:</em></p> <blockquote> <p> No, only an employee or owner of the employer entity may register to use the Permanent On-line System because employers must make the attestations required for the permanent application process and a PIN will only be assigned to an employer. The registration must be submitted by an individual with actual hiring authority for the employer. The individual listed under the "Employer Contact Information" section of the registration page must be the individual with actual hiring authority for the employer and cannot be the attorney or agent. During the registration process, the employer may create sub-accounts for attorneys or agents. We will cancel or deny registrations submitted by non-employers. Submission of a permanent labor certification application using a PIN assigned to a non-employer will be grounds for denial or revocation of a permanent labor certification. </p> <p> NOTE: To withdraw or delete a registration account (as in a situation where the original registration was set up showing an attorney or representative as the "user" and/or where the contact person for the employer is not a person with actual hiring authority), please e-mail PLC.HELP@dol.gov, provide the user name and password, and request the account be deleted. At that point, the person with actual hiring authority can re-register with the correct information. </p> </blockquote> http://www.antaoandchuang.com/en/labor-certification/can-attorney-agent-or-law-firm-register-use-permanent-line-system#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 7839 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/why-have-i-not-been-contacted-bec-or-received-any-information-about <p><em>According to the Labor Department:</em></p> <blockquote> There are several possible reasons an employer or their attorney might not have heard anything from the BEC about the case. Some examples include, but are not limited to: 1) the State or Regional office may have disposed of the case prior to shipping and the applicant did not receive notification; 2) The State or Regional office may have inadvertently not shipped the case to the BEC; 3) the BEC may have attempted to contact the applicant but the contact information was incorrect; or 4) the BEC inadvertently omitted the case during data entry. </blockquote> http://www.antaoandchuang.com/en/labor-certification/why-have-i-not-been-contacted-bec-or-received-any-information-about#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 7988 at http://www.antaoandchuang.com http://www.antaoandchuang.com/en/labor-certification/when-must-advertisement-job-opportunity-be-placed-national-profes-0 <h2>When must the advertisement for the job opportunity be placed in the national professional journal under the optional special recruitment provision?</h2> <p><em>According to the Labor Department:</em></p> <blockquote> The national professional journal advertisement for the job opportunity as required under the optional special recruitment provision must have been placed during the recruitment period prior to the selection of alien. </blockquote> http://www.antaoandchuang.com/en/labor-certification/when-must-advertisement-job-opportunity-be-placed-national-profes-0#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 7930 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