June 22, 2024


Simply Consistent

2010 H-1B Applications and the H-1B Cap

As an immigration lawyer in the San Francisco Bay Area, this is a busy time as on April 1 the U.S. started to accept applications for H-1B work visas. These visas allow for the temporary admittance of skilled workers into the country.

This year, the United States Citizenship and Immigration Services (USCIS) has set a cap of 65,000 on petitions. Although in the past, these spots have filled quickly, sometimes in less than two weeks, the present economic recession in the U.S. means that the petition period could stay open for some time.

Additionally, foreign workers may not be as quick to apply due to reports that recently it has been more difficult to obtain an approval an H-1B for smaller companies.

In my law office, we became aware of an important memo issued by the USCIS at the beginning of this year. In January, this USCIS memo from Donald Neufeld, associate director of service center operations, outlined how USCIS service centers that process H-1B applications should handle their duties. It calls for more documentation from companies such as job contractors wanting to hire specific H-1B workers. The documents must be submitted with each application.

Additionally, these employers must have “employer control” while their employees are at the third-party client site.

If anything is array in the initial application it could result in a denial or rejection of the application. As an immigration lawyer, I’m connected to the H-1B work visa process and the changes that it has recently undergone. My offices in Sacramento and those in the San Jose and San Francisco Bay areas are equipped to work with any company or individual on the H-1B application process.