New Push to Raise the H1B and Green Card Quotas
Posted Nov 09, 2007
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On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year. The New Democrat Coalition is comprised of 59 Democratic members of Congress who are interested in modernizing the Democratic Party and the entire country. It is important that MurthyDotCom and MurthyBulletin readers understand that this interest among certain lawmakers does not guarantee that any increase in these numbers is in the offing.
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Likelihood of the New Reform Passing
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The New Democrat Coalition is urging Congress to pass the new reform this year, before the Fiscal Year (FY) 2009 H1B filing season opens for the filing of new cap-subject H1B cases on April 1, 2008. In addition to requesting more H1B visas and employment-based permanent residence, the group is pushing for modernized student visa programs. It is attempting to align the student visas with an uninterrupted supply of employment-based temporary and permanent visas, should the students find employment offers following graduation. During FY2008, the gross inadequacy of the 65,000 H1B limit became evident, as there were not enough H1B cap numbers even for cases filed on the first day of filing. It is expected that this coming cap season will be even more severe, if the H1B cap-subject quota is not substantially increased. In addition to this push for reform from the Democrats, there is also overwhelming pressure from political lobbyists and the general public. Some observers believe, therefore, that a newly-increased H1B quota could be available this year.
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Make Plans to Prepare Cases Dec '07 / Jan '08
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MurthyDotCom and MurthyBulletin readers are urged to be prepared, however, and not to count on a possible increase in the H1B quota. H1B cap-subject cases can be filed on April 1, 2008. In the event that an increase is not passed by Congress, it is expected that there will be more than enough cases filed on the first day of filing to meet and possibly exceed the cap. (If this occurs, there will be a lottery of the cases filed on the first and second days of filing to determine which cases will be selected for the available H1B cap numbers.) Thus, those employers who wish to file for potential H1B employees and are subject to the cap need to file on April 1, 2008, and not assume that the quota will be increased. Employees should remind their employers of this deadline, as well.
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Conclusion
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There is no assurance that new reform that would raise the H1B and green card quotas will be passed before this Congress adjourns. This is a highly-political issue, within a year of a major national election. Proactive individuals are already starting to prepare for the H1B filing season which, as stated, will open on April 1, 2008. The April 1st cases will request an employment start date of October 1, 2008, which is the first day of FY2009. MurthyDotCom and MurthyBulletin readers are reminded that there is no mechanism to push H1B filings ahead by filing before April 1, 2008. On behalf of our clients and the greater immigration community, we hope that Congress will heed the concerns about the inadequacy of the H1B and green card quotas and will do the right thing for the benefit of U.S. businesses, their employees, and the U.S. economy in general.