Comment: H1B Cap Predictions:
Yup, you read that right - its predictions in the plural - for the H1B cap for FY 2014.

Let's start with USCIS itself. USCIS has stuck its neck out, allegedly "based on feedback from a number of stakeholders" that "USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed...between April 1, 2013 and April 5, 2013". This announcement, which does not take into account carve-outs for Chile and Singapore, and thus is likely statutorily inaccurate anyways, has caused a minor panic among the employer community necessitating many law firms to work throughout the just-past weekend, and late into the night besides, in order to ensure that the petitions are delivered to USCIS by this Friday, the 5th of April. To some extent, USCIS has created a self-fulfilling prophecy, no doubt egged on by the White House, since panicked employers have been rushing to file since the pronouncement by USCIS two weeks ago.

Meanwhile, out there in the real world away from USCIS, several innovative websites with their ears closer to the ground have their own take on the cap. First off is Redbus2us, which provides us with a graphical interpretation suggesting that a lottery will be triggered (see first chart here). Just after the lottery graph come graphs for the US unemployment and US GDP - pictures truly help put the situation in perspective. The Redbus2us blog develops the story further from the graphs: "Besides US economy trends from above, significant number of changes happened in the H1B visa space in the last couple of years like below: To discourage foreign workers, H1B visa filing fee was raised by $2000 during recession; More H1B checks in place with Neufeld H1B visa memo in Jan 2010; Additional 17 months OPT extension for STEM Master's degree holders; Increase in RFEs and Rejections for H1B Cases. One more factor to consider is that with recession starting in 2008 - 2009, employers have postponed the H1B filings of Masters students in STEM category by leveraging the 12 month OPT with 17th month OPT extension." Another blog, the happyschoolblog uses another approach - that of Google Search Traffic "interest" in the term "h1b visa". Graphs from this blog (see here) present data from the past 4 fiscal years, and compare this year to reach the conclusion that there is certainly much more interest this year than the last 4 years in H1b visas. Yet another blog (see here) provides graphs for both the Masters and the regular caps which add yet another way of peering into the future.

As statistics from the last decade bear out, "a number of stakeholders" is complete nonsense as less than a dozen companies account for the lion's share of the H1B visas. Information from these and only these companies counts insofar as predicting FY2014 H1B numbers is concerned. Immigration Daily checked with several sources connected to several of these companies in reaching our conclusion that a lottery was unlikely to be triggered. That, however, does not take into account the USCIS-induced panic in H1B filings. As the above varied blogs show, the press is certainly living upto its task in covering this subject from many points of view. USCIS should stick to its job and stay away from prognostication. We continue to encourage USCIS to report actual petitions received every day as this week unfolds to enable employers (and their counsel) to plan filings. Share your thoughts by writing to

Article: Comprehensive Immigration Reform Takes a Step Forward by Alan Lee, Esq.

Article: H1B Ditty By Myriam Jaidi

Blogging: Politico Offers Details of House Immigration Plan by Greg Siskind

News: DOJ EPOR Publishes Final Rule on Registry for Attorneys and Representatives

News: USCIS Asks Applicants to Continue to Use the Current Form N-400

Focus: Waivers, Adjustment, and Relief from Removal
The third session of the Seminar Series Removal for Experts will be taking place this Thursday, April 4th. The Discussion Leader is Lory Rosenberg and speakers are Laurel Scott and Thomas Ragland. The curriculum is as follows:

Waivers, Adjustment, and Relief from Removal:

  • 212(h) eligibility
  • 237(a)(1)(H) standards
  • Unlawful Presence and 245(i)
  • Provisional I-601 waivers
  • Voluntary departure strategies
  • Discretionary standards

For additional information and speaker biographies, please see:
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Don't delay, act today! Registration deadline is April 2nd.

Headline: A New York Times editorial on the amazing progress on immigration reform this year Click here
Headline: Rubio: Reports of Immigration Deal 'Premature' Click here
Headline: Opinion Report: The Immigration Debate Click here
Headline: Slight Revision on Immigration Click here
Headline: Schumer: Gang of 8 Has 'Substantive Agreement' on Immigration Issues Click here
Headline: Next immigration hurdle: Citizenship's fine print Click here
Headline: ICE Says It Has Released Thousands Of [undocumented] Immigrants From Jails Click here
Headline: Letters of the Week: Apr 1 - Apr 5 Click here
Headline: The Big Immigration Deal Has a Flaw Click here
Headline: Why Marco Rubio needs to slow walk immigration reform Click here

Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Attorney
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Letters of the Week:

ComingsNGoings: Immigration Reading
Immigration and Welfare: Challenging the Borders of the Welfare State, by Michael Bommes and Andrew Geddes - Routledge, 304 pp - Hardcover, ISBN: 0415223725, $141.61 -

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