Comment: H1-B Cap Update

We would like to place on record our procedure for H1B cap related issues, so our readers may fairly judge our coverage. Firstly, Immigration Daily does research on the H1B cap on a regular basis, though we don't always report on the results of the research, unless we feel we have something to say. Our research on H1B cap matters, for the past many years, focuses on Indian IT companies, and a few other large IT companies (we supplement this focus with a small number of law firms with large clients across many industries). We select these companies based on publicly revealed data which show that they account for the majority of cap-subject petitions. Should this pattern change in the future, we would alter our research methods to include other companies. We have sources both within these companies and in the law firms that serve these companies (we do not ask client-specific or company-specific information from any law firm). Based on information from such sources, which information is necessarily impressionistic, we arrive at a picture of what is happening on the ground. Based on several such interviews, we came to the conclusion over three weeks ago, that a lottery was unlikely to be triggered.

That was before USCIS triggered a mini-panic by its statement that "based on feedback from a number of stakeholders … 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". Subsequently, several law firms have contacted us reporting massive filings - at least three law firms have reported filings over 2,000 cases each. The interesting part to us is that the flood has not apparently abated as of early this week - these law firms were filing additional hundreds of cases per day in the first three days of this week. It is possible that USCIS may have created a self-fulfilling prophecy with its statement.

In the meanwhile, many law firms have found problems with Fedex deliveries (though not with UPS or USPS deliveries) - these deliveries are sometimes reported late, and are sometimes actually late. If USCIS did believe that a lottery would be triggered, it is a shame that it did not make arrangements with Fedex to handle the anticipated larger volumes (UPS and USPS have lower volumes to USCIS, which explains the smoother sailing with their deliveries). Despite the clear anxiety among USCIS's employer stakeholders (the ones which fund the largest single part of USCIS's operations), USCIS has not delivered daily counts to assist those employers who may want to file more petitions at this stage (which is one reason why we strongly argue that all USCIS fees should be abolished by Congress - a taxpayer funded agency would be much more amenable to taking care of stakeholders' anxieties). We once again ask USCIS to disclose information as to the cap count.

Immigration Daily has been wrong before, and we may have mis-judged the H1-B usage numbers for FY 2014. However, we have always been honest with our readers, and have never hesitated to say what we saw, regardless of whether the future led to bouquets for us, or egg on our face. Stay tuned to Immigration Daily for the latest on the H1B season. Share your thoughts by writing to

Article: Congress Loves E-Verify: Grants $111 Million Funding, Conducts Research Study by Ann Cun

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Blogging: NYT: House Looking at Three Paths to Legal Status by Greg Siskind

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News: USCIS Provides Update on Suspension of Adjudication of Most H-2B Petitions Following Court Order

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News: USCIS Releases QAs On H-2A and H-2B -Signature Requirements For Labor Certifications

Focus: The Removal Book - New Publication!
We are pleased to announce the upcoming publication of "The Removal Book" edited by Priscillia Suntoso and Rodney Barker.
The book outline is as follows:


Chapter One: Removal Proceedings
  1. Overview of removal proceedings
  2. Commencement of removal proceedings under INA § 240
  3. Other types of removal proceedings
  4. Proper service of the charging document in proceedings
  5. Rights in removal proceedings
  6. Bond Hearings and Parole
  7. Inadmissibility under INA § 212 or Removability under INA § 240 - How Is This Determined
  8. Immigration Court Practice Manual
  9. Pre-Hearing Motions
  10. Juvenile Proceedings
  11. Security checks
  12. Prosecutorial Discretion
Chapter Two: Grounds of Inadmissibility
  1. Overview of the Grounds of Inadmissibility
  2. Who bears the burden of proof when your client is charged under INA §212
  3. Grounds of Inadmissibility
Chapter Three: Grounds of Removal
  1. Overview of the grounds of removal
  2. Document-related grounds of removal
  3. Security Grounds
  4. Public charge
  5. Unlawful voters
Chapter Four: Contesting Removability
  1. Overview
  2. Preliminary considerations
  3. The decision to concede or contest removability
  4. Grounds to challenge a Notice to Appear
  5. Burden of proof in removal proceedings
  6. Special issues where the person is charged with being subject to removal based on criminal grounds
  7. Motions to suppress
  8. Conclusion
PART TWO: RELIEF FROM REMOVAL Chapter One: Adjustment Of Status
  1. INA § 245(i)
  2. Family-based adjustment of status
  3. Employment-based Adjustment of status
  4. Child status Protection Act ("CSPA")
  6. Refugee adjustment in removal proceedings
  7. Registry
  8. Adjustment for certain nationals from Vietnam, Cambodia, and Laos
  9. Cuban adjustment act
Chapter Two: Waivers in Removal Proceedings
  1. Overview
  2. Discretionary determination
  3. Types of Waivers
  4. Conclusion
  5. Provisional Waiver
Chapter Three: Cancellation Of Removal For LPRs and INA § 212(c) Relief
  1. Introduction
  2. Cancellation of Removal for LPRs
  3. INA § 212(c) relief
Chapter Four: Cancellation Of Removal For Non-LPRs
  1. Introduction
  2. Eligibility
  3. Continuous physical presence and the stop-time rule
  4. Repapering
  5. Special rule cancellation of removal for a battered spouse or child
  6. Suspension of deportation
Chapter Five: NACARA
  1. Introduction
  2. Eligibility to Apply
  3. Requirements
  4. Statutory Bars
  5. IJ jurisdiction to adjudicate NACARA applications
  6. How to file
Chapter Six: Asylum and Withholding Of Removal
  1. Overview and benefits of asylum
  2. Referred vs. defensive asylum application
  3. Real ID Act of 2005
  4. Corroboration of an Asylum Claim
  5. "On account of" standard
  6. Government unwilling or unable to control persecutors
  7. What constitutes persecution
  8. Past Persecution Claim
  9. Well-founded fear of persecution
  10. Exercise of discretion
  11. Bars to Asylum
  12. Withholding of Removal
  13. Termination of asylum and withholding of removal
  14. Employment authorization
  15. The credible fear process
Chapter Seven: Convention Against Torture
  1. Overview
  2. CAT regulations and legal standard
  3. Definition of torture
  4. Acquiescence of Government officials
  5. Withholding of removal versus deferral of removal under CAT
  6. Termination of CAT relief
  7. Deferred CAT
Chapter Eight: Voluntary Departure
  1. Overview and benefits
  2. Requirements
  3. Failure to post voluntary departure bond
  4. The effect of failing to depart
  5. Reinstatement of voluntary departure after an appeal to the Board
  6. Termination of voluntary departure upon filing a motion to reopen or petition for review
Chapter Nine: Naturalization As A Defense To Removal
  1. Overview
  2. Prima Facie Eligibility for Naturalization
  3. Bars to Naturalization
  4. Procedure for termination of removal proceedings to apply for naturalization
Chapter Ten: Other Relief
  1. S visa
  2. T visa
  3. U visa
  4. I-360
  5. TPS
  6. Deferred Action
  7. Private Bill
Chapter One BIA Appeal and Motion Practices:
  1. Appeal to the Board of Immigration Appeals
  2. Motion to Reopen vs. Motion to Reconsider

Order your copy today: Online or by Fax.

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Headline: 'Gang of Eight' needs to deliver immigration fix Click here
Headline: Republican Immigration Stance May Threaten GOP Dominance In Arizona Click here

Help Wanted: Immigration Paralegal
New York, NY - An immediate position is available in a New York-based law firm. The ideal candidate will have +1 years of experience of the processing of O and P nonimmigrant visa petitions. Responsibilities will include the preparation and filing of O and P visa petitions, conducting of legal research, and drafting of correspondences. Strong writing skills, excellent attention to detail, and handling a fast case load are pluses. Please email your resume along with reference to

CLE Immigration Event
Memphis, TN - (May 17-18, 2013) The Federal Bar Association in conjunction with the Memphis Mid-South Chapter of the FBA; American Immigration Lawyers Association (AILA); and the U.S. District Court for the Western District of Tennessee, invite you to join us for one of the most exciting national immigration conferences available this year. The confirmed speaker line-up is a who's who of well-renowned AILA attorneys and government officials including Judges from The US Circuit Court of Appeals, EOIR and other former and current Immigration Judges from across the country, and counsel from The Office of Immigration Litigation (OIL). This conference also offers the opportunity to hear from a panel of ICE and USCIS supervisors as they discuss various immigration issues that affect both the Mid-South and the nation as a whole. Program includes special tracks for pro bono attorneys as well as criminal lawyers. Earn up to 14.5 CLE hours (with a possibility of 3 ethics hours offered) and have fun, too. Early bird deadline is March 31, 2013. This Conference is limited to 400 Participants. Feel free to check out the preliminary brochure. Also, check out the housing and other information see here.

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Letters of the Week: Tony, R.B. Samla, Gladys Farris

ComingsNGoings: Immigration Event
April 17 - 2:00-4:00pm EST - USCIS cordially invites interested stakeholders to participate in a web-ex training session. During this training, subject matter experts from the USCIS Vermont Service Center and Office of Policy and Strategy will provide an overview of the various forms of immigration relief available to victims of human trafficking, domestic violence, and other serious crimes. To participate in the session, those interested can connect by wed here: or by phone: 1-888-324-3912, passcode: T U VAWA.

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2013 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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