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no more H1 B lottery for FFY2018....


Novak_Djokovic

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  • Current computer random selection is under litigation and the federal district court in Oregon will make a decision sooner or later. Besides, there is a strong movement in the Congress to replace the current lottery system of H-1B cap selection system by price bidding system granting the H-1B cap numbers in the order of highest salary offered. Republican Senators introduced such bill last year in the Senate and as we reported yesterday, Rep. Zoe Lofgren, pro-immigration legislator, is reportedly to introduce a bill in the House in a day or two proposing such bidding system of H-1B cap selection process. There will be a strong resistance from staffing businesses, consulting businesses and some high-tech businesses to such proposal. Such bidding system will also critically hurt small or medium-sized businesses that will not be able to offer competitive compensation. Additionally, such bidding system may also affect the cost of doing businesses for employers and hike of services or products as affected by the increase in wages of H-1B foreign workers. This is something which the businesses and high-tech foreign workers should watch very closely during next two or three months.
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  • Report indicates that H.R. 170 is the "The Protect and Grow American Jobs Act," which were pending in 114th Congress and reintroced by Issa (R-Calif.) and U.S. Rep. Scott Peters (D-Calif.), and proposes to change eligibility requirements for H-1B visa exemptions and limit the outsourcing of jobs. The bill is allegedly intended to close a loophole in the nation’s high-skilled immigration system being used by some companies to import cheaper foreign labor by raising the salary requirement for the positions to $100,000 a year for H-1B and eliminating the master's degree exemption. The report indicates that Rep. Zoe Lofgren (D-CA) will also introduced another bill in the next few days to control H-1B visa abuse by alloting H-1B visas to companies willing to pay the highest salaries rather than H-1B cap annual lottery system. For next several days, many and many more bills will be reintroduced both in the Senate and the House.
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12/08/2016: H-1B Cap Lottery Litigation Oral Arguments Set on 12/19/2016 in Portland, Oregon

  • The Plaintiffs' counsel reports that after a long drag, finally the oral argument is scheduled on Monday, December 19, 2016. This is a litigation to eradicate the current lottery system for H-1B selection by computer random selection method instead of first-in and first-out priority date system. The Plaintiffs sued the USCIS with a demand to accept H-1B cap petitions throughout the year and the cap be determined by the priority date concept with priority date remaining valid throughout the years. Tenrec, Inc. v. USCIS, Civil Case 3:16-cv-00995-51, U.S. District Court in District of Oregon, Portland Division. See plaintiffs legal counsel site.
  • It is interesting that lately, conversative legislators have been proposing another selection process for H-1B cap cases based on the bidding concept, to wit, select the H-1B cap cases in the order of the highest salary offered for the jobs. Should Congress pass such legislation, the H-1B cap selection will push up required wages sky-high with a potential deadly consequence with small businesses. The Trump Administration may support such reform. One of the painful journeys the H-1B visa program is likely to encounter in the coming year.
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10/28/2016: Pending Federal Lawsuits for Immigrant Community in Federal Courts

  • The national election is only eleven (11) days away. Pending the national election, the Congressional legislative activities have been completely stalled when it comes to immigration reform, no matter piecemeal or comprehensive. The same has been true with the Obama Administration's rule-making activities since most of rule-making activies that involve increased employment opportunities for foreigners, no matter whether through employment-based or family-based or relief for undocumented immigrantion reforms will affect the election results.
  • When the national election is over, depending on the results of the elections, either Republican Party or Democratic Party whichever lose in the election will turn aggressive either in legistive activities or rule-making activities on immigration during the short period of Lame Duck session to leave their foot-prints after they leave the nation's capital and before the new winner party Administration or the new Congress take over the government and the federal legislalture. Obviously, though, under the current gridlock government (both Congress and President), they may not be able to achieve much, but for some rule-making activities on the part of the Administration.
  • Less affected are the pending litigations before federal courts. There are many litigations pending involving employment-based and family-based legal immigration systems as well as relief of undocumented immigrants. Accordingly, the immigration stakeholders and immigrants should keep watching closely development of the litigations during next several months. Currently there are primarily four litigations, among others, which are pending and can affect either employers and foreign workers seriously depending on the decisions of the courts.
    • H-1B Cap Lottery Litigation
    • Expanded STEM OPT Litigation on the Merits
    • H-4 EAD Challenge Litigation (appeal)
    • Expanded DACA/DAPA Lawsuit (Challenging applicability of the ruling of a federal district court in Brownsville, Texas to those in states other than Texas and plaintiffs states..)
  • We will keep tracking closely development of these lawsuits in the federal courts.
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58 minutes ago, argadorn said:

first 100 days lo oka statment untundhi ....first 2 years lo edho oka year h1  apesthadu mana  sir...for better bill...

abbo chala information undi ne deggara

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but ippudante 1st 20k + 65k applications consider chestharu..

based on pay ante.. lets say 1st week andaru 70-80k pedtharu   okadu 2 months tarvatha 100k ki vesthey?  5 months ayaka 150k ki vesthey?

 

aina minimum 100k pay chesthey quota asalu nindadu.. chinna logic valu realize aithey chaalu

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