http://www.greencardfamily.com/news/news2009/news2009_0713.htm
H1B Cap : The H1B cap has not been met for fiscal year 2010 (FY2010).
This is an indicator that economic realties impact the number of H1B
filings. It thus supports the contention that there is no need for an
H1B quota, because filing levels self-regulate based on economic
conditions. In a soft economy, H1B numbers are not exhausted, or at
least not as quickly.
The U.S. Congress needs to heed this fact and either eliminate the H1B
quota altogether or increase the H1B numbers for use in a strong
economy, so that highly-skilled professionals can available when
needed to strengthen business, rather than short changing U.S.
businesses, hampering their access to the foreign skilled /
professional workers they need.
Retrogression of Priority Dates: The backlog of immigrant visa numbers
in most categories in the employment-based arena is providing an
opportunity for other countries, particularly European countries, to
attract highly-skilled workers and create immigration options that
will benefit their economies.
These economies are likely to draw the best and brightest highly-
skilled workers, who are not able to obtain permanent residency status
in the United States for many years due to visa number retrogression.
Retrogression is the result of too few immigrant visas to meet the
demand of U.S. businesses.
Fraud Detention : The collection of the $500 fraud fee for new H1B or
L-1 petitions is being used to invest in hiring more investigators.
One recent phenomenon is that business practices that were standard
and went unchallenged previously, now are being viewed as "fraud."
Many companies must revise their practices to meet current standards.
This does not mean that these practices of employers or businesses are
necessarily fraudulent. Many of them fit more within what would be
considered technical violations or sloppiness.
The Fraud Summary Sheet that USCIS examiners use while processing H1B
petitions is baffling, since it presumes fraud based upon criteria
that seem superfluous on many levels. It presumes fraud if the
employer meets two out of the following three criteria: has been doing
business for fewer than ten years, has fewer than 25 employees, and/or
has less than $10 million in revenue. Most well-established companies
started with these drawbacks. Even many large, well-known, highly-
reputable companies are being issued intensive requests for evidence
(RFEs) that seem to be without basis.
http://www.greencardfamily.com/news/news2009/news2009_0713.htm
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