有關H-1B的情況

By: Beth Robertie, Esq. 在今年的5月26日，2007財政年度2007 65,000 H1B被用完，在26號當天USCIS所接收的申請將會進行電腦抽選程序，而在26號後提交的H-1B 申請則將會被退回。對於今年H-1B名額的使用情況，Vermont Service Center (VSC) 並沒有在26號當天公布名額已用完，而是在6月1號才宣布，這很大程度上是由於VSC的係統問題以及其需要負責所有的H-1B案件接收而引起多大的工作量而導致的。以下為有關信息： As we have previously noted, the 65,000 Regular H1B Cap Count was hit on Friday, May 26. Any petitions received on that date were entered into a random lottery for acceptance, and any petitions received after that date were rejected. Unfortunately, however, USCIS did not release notification that the cap had been hit until Thursday, June 1. Why did it take so long for USCIS to announce that the cap had been exhausted? Indeed, as of the last published cap count on May 25, 2006, there were as many as 12,000 H1B quota numbers available. How is it, then, that the cap was hit the very next day? Did USCIS really receive more than 12,000 H1B visa petitions in the 24 hours between May 25 and May 26? It appears that the problem lies in the processing of filings by the USCIS at the Vermont Service Center (VSC). When the USCIS went to Bi-Specialization filing effective April 1, 2006, VSC was unable to handle the volume of cases it was receiving. Because of the Bi-Specialization procedure, all I-129 case types were to be sent to the VSC, leading to data-entry and receipting backlogs from early on. VSC data-entry and receipting remained backlogged, leading to the lag between delivery of a petition to VSC and its entry into the system. As USCIS updated its cap-count reports, the volume of cases sent to VSC increased, further contributing to the backlog in data-entry and receipting. The cap count reports posted by USCIS failed to mention that not all cases received had been input into the system, and that thus the counts did not include all cases received as of the report dates. Ultimately, the combination of the existing backlog in data entry and the volume of new cases delivered last week made it appear that 12,000 cases arrived overnight. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]