June 26, 2009 H-1B Cap Count

As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

USCIS Updates FY 2010 H-1B Count (Updated 5/26/09)

Cite as “AILA InfoNet Doc. No. 09042065 (posted May. 26, 2009)”

On April 23, 2009, Assistant U.S. Senate Majority leader, Dick Durban, and Republican Senator Chuck Grassley introduced the H-1B and L-Visa Reform Act which provides among other thing that employers make a “good faith” effort to recruit American workers before hiring  H-1B employees. The bill would also enhance the Department of Labor’s authority to initiate H-1B audits, which are now only initiated pursuant to the filing of a complaint with the Department of Labor. The bill would also seek to reform the L-visa standards by enhancing Department of Labor authority to investigate and penalize L-1 abuses. It is impossible to assess the legislation at this point before the proposed bill-language is published, but we encourage readers to stay tuned.

As previously reported, the American Recovery and Reinvestment Act of 2009 restricts companies that receive TARP funds (under the Emergency Economic Stabilization Act of 2008) or have received funding under Section 13 of the Federal Reserve Act (authorizing a discount window for short term secured loans to financial institutions) from hiring H-1B workers unless they can meet the standards of H-1B dependant employers. By contrast, companies receiving stimulus monies under the recently enacted Employ American Workers Act (enacted as  part of the American Recovery and Investment Act of 2009) are not subject to these restrictions. For subject employers, they are required, prior to filing a petition for H-1B employment,  to take good faith steps to recruit U.S. workers for the position for which the H-1B is sought. As part of the Labor Condition Application the covered employer must attest that it has endeavored to offer the H-1B position to an equally qualified or better qualified U.S. worker. The covered employer must also attest that it has not laid off and will not lay off a U.S. worker in a job that is essentially equivalent to the H-1B position in the area of H-1B intended employment for a period extending from 90 days prior to the H-1B filing to 90 days following filing.  For interested readers we provide a link to a FAQ posted by the American Immigration Lawyers Association on its website (see below) containing additional information on how the H-1B program has been impacted by the recent stimulus legislation.   

FAQ on Stimulus Bill As it relates to H-1B Program

The effective date of the Government’s new I-9 form for employers has been delayed 60 days to allow for additional comment. We refer readers to the announcement in the Federal Register, which can be accessed via the link below.

Effective Date of New I-9 Form Delayed