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Bill seeking exemption of visa limits for foreigners with US PhD introduced

By Bill at June 02, 2017 21:30
Filed Under: Immigration News

Congressman Erik Paulsen(Republican) and Mike Quigley(Democratic) introduced the bipartisan Stopping Trained in America Ph.Ds from Leaving the Economy (STAPLE) Act on May 25, 2017. 


The bill would exempt foreign-born individuals who have earned an American Ph.D. in science, technology, engineering, or mathematics (STEM) from the limits on the number of employment-based green cards and H-1B visas awarded annually.

Congressman Paulsen said, "With thousands of high-skilled jobs going unfilled, the STAPLE Act makes sure American companies are getting the talent they need. By stapling a green card or visa to their diplomas, these professionals can invent and innovate new discoveries that grow our economy."

The same bill was introduced in the House before. During Obama Administration, chance for enactment of such legislation was slim, but during the current Republican government and Congress, the odd is much higher.

For more information, please read press release.

Still want to live and work in United States, please try our Smart Apply and Resume Blast Service, both will make your job hunting much easier and more efficient.

Paulsen, Quigley Reintroduce Bipartisan Immigration Bill Encouraging American Innovation

By Bill at June 02, 2017 20:55
Filed Under: Immigration News

Washington, D.C. – Congressman Erik Paulsen (MN-03) and Congressman Mike Quigley (IL-05) introduced the bipartisan Stopping Trained in America Ph.D.s from Leaving the Economy (STAPLE) Act, which would exempt foreign-born individuals who have earned an American Ph.D. in science, technology, engineering, or mathematics (STEM) from the limits on the number of employment-based green cards and H-1B visas awarded annually.

“It is no surprise that the brightest minds from around the world come to the United States to pursue their advanced degrees, and we should be doing all we can to ensure students we educate and train here use what they’ve learned to contribute to the American economy,” said Congressman Paulsen. “With thousands of high-skilled jobs going unfilled, the STAPLE Act makes sure American companies are getting the talent they need. By stapling a green card or visa to their diplomas, these professionals can invent and innovate new discoveries that grow our economy.”  

“If we are serious about fostering innovation, spurring economic activity, and staying competitive in the global marketplace, we must encourage the brightest minds in the world to study, work, and stay in our communities,” said Congressman Quigley. “We cannot advance our technology or research if we continue sending foreign-born, but U.S. educated, students with advanced degrees away. I am proud to join Rep. Paulsen in re-introducing the STAPLE Act, which invests in our future by supporting STEM educated professionals that want to contribute to our economy and society.”

H-1B visas, also known as high-skilled visas, are subject to annual caps that are woefully short of the number necessary to fill high-skilled jobs. Since April 1 when the U.S. began accepting H-1B petitions, the U.S. has received 233,000 applications for these high-skilled visas. Only 65,000 will be available this year, meaning that applicants will be subject to a lottery where two-out-of-three applicants will be denied a visa.

Numerous studies have found that H-1B visas correspond with an increase in jobs for native citizens. For example, a 2011 American Enterprise Institute study found that “an additional 100 foreign-born workers in STEM fields with advanced degrees from U.S. universities is associated with an additional 262 jobs among U.S. natives.”

Congressman Paulsen, a champion of small business and advocate of free enterprise, entrepreneurship, and innovation, serves on the House Ways and Means Committee, the bicameral Joint Economic Committee, and is co-chair of the Congressional Medical Technology Caucus.

USCIS Completes the H-1B Cap Random Selection Process for FY 2018

By Bill at April 18, 2017 19:53
Filed Under: Immigration News

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.    

USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing. 

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap.

As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to: 

* Extend the amount of time a current H-1B worker may remain in the United States;  

* Change the terms of employment for current H-1B workers;  

* Allow current H-1B workers to change employers; and  

* Allow current H-1B workers to work concurrently in a second H-1B position.

Employers filed over 93,000 labor petitions in first quarter of FY2017

By Bill at March 15, 2017 06:04
Filed Under: Immigration News
We have published all labor applications filed by U.S. employers during the first three months of fiscal year 2017 through our legacy database system. 

From October 1, 2016 to December 31, 2016, U.S. employers filed 93,533 labor condition applications for H-1B visa jobs: 1,369 were denied, 3,190 were withdrawn, 9,809 were withdrawn after being certified

During the same time, Department of Labor made decisions on 24,911 labor certifications for employment green card:1,582 were denied, 806 were withdrawn. 

First Quarter 2012 2013 2014 2015 2016 2017
LCA for H1B Visa 80,613 68,239 78,871 89,231 93,372 93,533
LC for Green Card 11,352 13,606 11,064 16,618 26,943 24,911


Please use following links to search potential job opportunities and pitch employers directly. Our new visa job database is now updated daily with full copies of original petitions. However, we still maintain the legacy system which is updated once every quarter with case summary only. Some cases might not appear on both systems due to various reasons. 

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly


New immigration rules make H-1B visa program friendlier

By Bill at December 08, 2016 22:12
Filed Under: Immigration News
WASHINGTON--USCIS has published a final rule to make H-1B visa program friendlier to the foreign workers and their families. The new regulations which will go into effect on January 17 2017, will also make U.S. employers easier to hire and retain foreigners. 

The USCIS will allow terminated H1B visa holders a grace period of 60 days to either leave or sort out their paperwork for new jobs. 

The rule will also prevent the revocation of I-140 by employers for those employees who have held it for more 180 days but whose services were terminated. So the employees will not lose their turn in the protracted green card process once they change over to new jobs. 

Another significant change is that USCIS will automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.This is great news for the H-4 visa holders who come as spouses of H-1B visa workers. 

Please visit our work visa blog or the published final rule for more information. 

The unemployment rate in U.S. is now just 4.6%. The employers are desperately looking for skilled foreign workers. It is time for you to update your career profile and pitch potential employers now!



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Federal Judge: Disney didn't violate H-1B visa laws in layoffs

By Bill at October 20, 2016 01:03
Filed Under: Immigration News

(New York Times) A federal judge in Florida dismissed class action lawsuits by two American workers who were laid off byWalt Disney Company (visa rank: 1466) and forced to train H-1B visa workers as their replacements. 

The judge rejected the former workers' arguments that Disney and the two contractors had colluded to make false statements when they applied for H-1B visa: "none of the allegedly false statements put at issue in the complaint are adequate" to sustain the case. 

The outsourcing companies that were sued with Walt Disney were Cognizant Technology Solutions (visa rank: 8) and HCL America (visa rank: 9). All three companies claimed that they've properly complied with the H-1B visa process. Following links are related news and legal documents. 



The employers are always looking for skilled foreign workers, make sure you polish your resume and update your career profiles regularly

Disney Defends Lawsuit Over Immigrants Replacing American Workers

By Bill at October 19, 2016 00:53
Filed Under: Immigration News

A former Disney World worker aims to lead a class action claiming racketeering.

The allegation that hundreds of American tech workers at Walt Disney World trained immigrants who would take their jobs makes for an unflattering headline. But according to Disney and the IT consulting firm it works with, there's no conspiracy and they've properly complied with the H-1B visa process.

Leo Perrero, who formerly worked at Disney, is leading a putative class action that alleges that his former employer and HCL colluded with each other when telling the Department of Labor that the hiring of foreigners on visas wouldn't adversely affect the working conditions of U.S. workers. The complaint filed in Florida federal court claims that workers were indeed displaced and that Perrero and others were told to train their replacements or lose severance.

On Friday, both Disney and HCL filed motions to dismiss the complaint.

According to Disney, the lawsuit is defective thanks to the absence of any allegation it was conspiring with HCL to break the law. Yes, the companies had a contract with each other, but Disney argues that's hardly the same thing as saying that Disney knew HCL would be making false statements to the federal government.

"Even accepting as true the Complaint's inaccurate allegations regarding the contract between HCL and WDPR, Plaintiff nowhere alleges (and could not allege) that it is inherently unlawful to agree to provide IT services using a workforce that includes H-1B visaholders," states Disney's court papers.

And then there's the issue of whether HCL really did make false statements. Perhaps immigration law allows for what happened?

In its own court papers, HCL interprets immigration law as meaning that it had to attest that foreigners on H-1B visas would not adversely affect the working conditions of other HCL employees, not Disney employees. HCL also says that "working conditions" don't mean job displacement, that it really means such matters as hours, shifts, vacation periods and benefits.

There's another form that some employers have to fill out that specifically attests to U.S. workers not being displaced, but HCL says it only applies to non-exempt employees, and as such, it wasn't under any requirement to make such a certification and so it didn't.

"As plaintiff concedes, HCL hired only exempt employees who earned at least $60,000 per year or held a master's or higher degree in a relevant field," states HCL. "That concession is by itself a sufficient basis to reject Plaintiff's allegations regarding a supposed misstatement concerning displacement."

The H-1B visa system has become controversial of late thanks in part to what was happening at Walt Disney World. Bernie Sanders wants to reform the system to prevent employers from abusing the system while Donald Trump has made it a campaign platform to increase the prevailing wage for H-1Bs so as to discourage companies from outsourcing to lower wage foreign workers. Hillary Clinton has remained mostly silent, though she's been quoted in a 2007 speech as supporting an increase in the H-1B cap.

Here's Perrero's complaint, Disney's motion and HCL's motion.

Judge Says Disney Didn’t Violate Visa Laws in Layoffs

By Bill at October 19, 2016 00:50
Filed Under: Immigration News

New York Times-Oct 13, 2016:  A federal judge in Florida dealt a blow on Thursday to legal claims by American technology workers who were laid off by the Walt Disney Company and forced to train foreign replacements, dismissing lawsuits by two workers who said Disney had conspired with outsourcing companies to violate visa laws.

In a terse decision, Judge Gregory A. Presnell of the United States District Court in Orlando rejected the former workers’ arguments that Disney and the two contractors had colluded to make false statements when they applied for temporary visas, known as H-1B, for the foreign replacements.

The judge found that “none of the allegedly false statements put at issue in the complaint are adequate” to sustain the former workers’ case. The outsourcing companies that were sued with Disney were Cognizant Technology Solutions and HCL America.

The plaintiffs, Leo Perrero and Dena Moore, were laid off early in 2015 from jobs with Disney in Orlando. In their final weeks on the job, they were required to show foreigners on H-1B visas, brought in by the outsourcing contractors mainly from India, how to do their work.

A spokeswoman for Walt Disney Parks and Resorts, Jacquee Wahler, said, “As we have said all along, this lawsuit was completely baseless, and we are gratified by the decision.”

The former workers’ cases hinged on their argument that the companies had violated clauses of the visa law requiring employers to show that hiring H-1B workers “will not adversely affect the working conditions” of other workers in similar jobs. The law also requires large outsourcing companies that employ many H-1B workers to certify in some circumstances that those workers “will not displace any similarly employed U.S. worker” within six months of applying for the visa.

The outsourcing companies argued that the law would apply to them only if the American workers who were displaced by visa holders they hired had originally been their employees, not Disney’s. Judge Presnell was persuaded by that argument, although he did not entirely reject the idea that the Americans were “adversely affected” by being fired.

The decision was a broad victory for Disney and its contractors, but Judge Presnell left the former workers a small window to amend their lawsuits and to try again.

Mr. Perrero said the decision was a dismaying surprise. “This has become an effective business model in the IT industry where two companies can come together and wipe out American jobs without much fear of legal action,” he said. “I just hope that greed isn’t taking our country in the wrong direction.”

Sara Blackwell, the lawyer who represented the Disney workers, said, “I wanted to see if there was any legal avenue we could use to protect our American citizens, but it seems we can’t.”

Congress considered bills this year to amend provisions in the H-1B visa laws that tech workers say have led to thousands of layoffs, but no action was taken.

The Republican presidential nominee, Donald J. Trump, said early in his campaign that he would seek to change the law to prevent layoffs. But he has not addressed the issue recently.

Judge sends two to prison for 7 years for H-1B fraud

By Bill at June 09, 2016 00:11
Filed Under: Immigration News

Two brothers were sentenced Friday to 87 months in prison for running an H-1B fraud scheme intended to create a low cost, on-demand workforce, federal law enforcement officials said.

Atul Nanda, 46, and his brother, Jiten "Jay" Nanda, 45, were each sentenced by Judge Barbara M. G. Lynn, the Chief U.S. District Judge for the Northern District of Texas, to 7 years and two months in federal prison, according to U.S. Attorney John Parker. The brothers were recently convicted by a jury following a trial.

U.S. authorities filed an indictment in 2013 alleging that the firm created by the brothers, Dibon Solutions, sponsored H-1B workers for jobs that didn't necessarily exist. The visa holders were only paid if the company was able to place them.

Dibon was headquartered in Carrollton, Texas.

The U.S. requires visa holders to be paid an annual salary. It bars firms from benching or holding workers in unpaid reserve between contracts. The government said that Dibon actively recruited H-1B workers and benched them.

"These two brothers created a highly profitable, and highly illegal business model at the extreme expense of the alien workforce that they recruited," said Katrina W. Berger, special agent in charge of Homeland Security Investigations (HSI) Dallas. "In addition, this same illegal business model operated at an unfair advantage to Dibon's competition since it had a much lower operating overhead."

Parker said in a statement that "when employers abuse the program, however, the foreign workers become a captive stable of cheap labor, victimized to the company's financial benefit."

The company also required candidates to pay visa processing fees, even though current law requires the hiring firm to pay these fees. The company "attempted to hide this" by having the H-1B candidates pay the fees directly to Dibon, the U.S. said.

Three other defendants were charged in this case: Siva Sugavanam, 37, Vivek Sharma, 48, and Rohit Mehra, 39, each pleaded guilty before trial to one count of aiding and abetting visa fraud, the U.S. said. They were were each sentenced earlier this month to two years' probation.

Senate bill will prioritize the annual allocation of H-1B visas

By Bill at November 20, 2015 12:56
Filed Under: Immigration News
Senators Chuck Grassley and Dick Durbin recently introduced a bipartisan legislation that would reform the H-1B visa and L-1 visa program. It would increase enforcement, modify wage requirements and ensure protection for American workers as well as visa holders. Please read news release or full text of the bill for details. 

The Grassley-Durbin reform bill will for the first time prioritize the annual allocation of H-1B visas. The new system would ensure that the best and brightest students being educated in the United States receive preference for an H-1B visa. The preference system also gives a leg up to advanced degree holders, those being paid a high wage, and those with valuable skills. 

The bill proposes to allocate H-1B cap numbers in the following order of preferences:
  1. STEM Master or Higher Degrees in the US
  2. Offer of Level 4 Wages in the Occupation
  3. Non-STEM Master or Higher Degrees in the US
  4. Offer of Level 3 Wages in the Occupation
  5. STEM Bachelor Degrees in the US
  6. Non-STEM Bachelor Degrees in the US
  7. Schedule A Occupations
  8. Employers with the Following Records (in the following order in this priority 8 level):
    1. E-Verify Employer
    2. Not Under Investigations
    3. No Violations of Immigration Laws or Labor Laws for 5 years
    4. Record of 90% approval of H-1B Petitions
    5. Filed I-140 Petitions for 90% of H-1B Employees
  9. Any Remaining H-1B Petitions
If the bill is passed, foreign workers with degrees only from foreign countries would remain in category 9. Employers that filed massive I-140 petitions to the extent of 90% of their H-1B employees will remain at the bottom in preferences in sponsoring new H-1B employees.Please read news release or full text of the bill for details. 

The employers are desperately looking for skilled foreign workers. It is time for you to update your career profile and pitch potential employers now!

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