Immigration Update

H-1B Quota Exceeded On First Day of Filing!!!! April 3, 2007

WASHINGTON, DC, April 3 – Illustrating the inadequacy of the quota for specialized H-1B workers, USCIS announced today that it received more applications than the 65,000 limit on April 2. April 2 was the first day on which an employer could request a first-time visa for an H-1B worker for the period that begins on October 1, 2007. Agency rules state that if the limit is reached on the first day of filing, all applications received on the first two days are put into a lottery to determine who gets the relatively few visas that are available.

In the fiscal year now in effect, the supply of such visas lasted less than eight weeks after the filing period opened. For the fiscal year that starts October 1, 2007, the supply did not last through even the first day. “Every year, the application window becomes shorter and shorter, to the point that it is now practically non-existent,” said Carlina Tapia-Ruano, President of the American Immigration Lawyers Association. “These high-skilled workers help to keep our system dynamic, and many sectors of the economy will suffer from this shortage.”

The H-1B visa program is utilized by U.S. businesses and other organizations to augment the existing labor force with foreign workers in specialty occupations that require expertise in a specialized field. Typical H-1B occupations include scientists, architects, engineers, computer programmers, teachers, accountants, and doctors. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years.

“This absurd situation illustrates the disconnect between current immigration policy and the needs of our economy,” concluded Tapia-Ruano. “The best way to resolve this crisis is for Congress to pass a comprehensive immigration reform measure as soon as possible.”

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

-AILA