ImmInfo Newsletter January 15, 2011

H1B quota numbers for FY2011 are almost exhausted
USCIS proposes new registration system for H1B quota petitions
How can I tell if my change of H1B job site is legal?
USCIS defers requiring information about export control on I-129 petitions until February 20, 2011

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H1B quota numbers for FY2011 are almost exhausted

The annual H1B quota provides for the approval of 65,000 “regular cap” H1B petitions, plus 20,000 more that fall under the “master’s cap” exception. A special provision in the law reserves up to 6,800 numbers in the regular cap for Chile-Singapore H1B1 applicants, leaving a regular cap total of 58,200. The unused Chile-Singapore numbers are put back into the next year’s regular cap.

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USCIS proposes new registration system for H1B quota petitions

The USCIS plans to promulgate a new regulation that will set up a registration system for H1B petitioners. In their posting with the Office of Management and Budget, they offered the following explanation:

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How can I tell if my change of H1B job site is legal?

It is absolutely essential that H1B workers make certain that their employment is lawful. Failure to do so can have catastrophic results. For example, if someone elects to use H1B status for employment authorization while their adjustment of status is pending, and that status turns out to be invalid, they will be regarded as having engaged in unauthorized employment. That, in turn, could result in the denial of their application for adjustment of status if it involved 180 days or more.

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USCIS defers requiring information about export control on I-129 petitions until February 20, 2011

For decades, H1B workers have been subject to the “deemed export” rule that requires many of them to have export licenses issued on their behalf. For whatever reason, the government elected not to enforce this provision in the law. In recent years, a number of government reports have urged enforcement, but until recently, nothing was done in this regard.

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