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Ice on Immigration: The H-1B visa program
By L. Patricia Ice, Featured Columnist
Question: My employer recently filed a new I-129 Petition
for a Nonimmigrant Worker on my behalf for H-1B visa status to commence
on October 1, 2007. I heard that more than 120,000 new petitions were
filed for only 65,000 new H-1B spots available. What will happen to my
application?
Answer: Due to the high volume of I-129 H-1B Petitions
filed, the United States Citizen and Immigration Services (USCIS)
decided to conduct a computer-generated random selection drawing for
petitions received on April 2 and April 3, 2007. That process was held
on April 12, 2007. The USCIS-labeled petitions with a unique number and
numbers were randomly selected by computer. Those numbers were then sent
to the appropriate USCIS service center to be matched with the
corresponding petition. The petitioners of those cases selected for
adjudication will be sent a receipt notice. The filing fees will be
returned to those petitioners whose cases were not selected. For cases
submitted pursuant to the optional premium processing program, which
requires an additional $1000 fee, the 15-day processing period began on
April 12. All other selected cases will take at least four or more weeks
to process from April 12.
Many United States businesses use the H-1B visa program
to employ international workers in occupations that require theoretical
or technical expertise in specialized fields often requiring a minimum
of a bachelors degree. The H-1B program requires employers to meet
specific labor conditions to ensure that citizen workers are not
adversely impacted by the employment of international workers.
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