有关H-1B的情况

By: Beth Robertie, Esq. 在今年的5月26日，2007财政年度2007 65,000 H1B被用完，在26号当天USCIS所接收的申请将会进行电脑抽选程序，而在26号后提交的H-1B 申请则将会被退回。对于今年H-1B名额的使用情况，Vermont Service Center (VSC) 并没有在26号当天公布名额已用完，而是在6月1号才宣布，这很大程度上是由于VSC的系统问题以及其需要负责所有的H-1B案件接收而引起多大的工作量而导致的。以下为有关信息： 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. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]