Category Archives: Immigration News

Current US immigration and visa news and developments

H1B Visa FY2010 Status Update – October 2009

Even though we mentioned earlier that the last day for H1B visa filings was September 30 in our August update, things may have changed based on an ambiguously worded directive from the USCIS. This is also backed up by many law firms stating that they are still processing current H1B visa petitions fro FY2010.

Of course the dramatic job losses of the first half of the year slowed dramatically in the 2nd half of 2009 in the US and many laid off H1B workers, recent F1 student visa graduates and just general job seekers have had better chances finding work in recent times.

Although it should be said the overall national unemployment rate is still high at 9.8% and some sectors of the economy like finance are still reeling. However highly skilled workers and especially in industries like Online, Health, Education and New Energy are sought after and companies are certainly advertising in these areas.

So back to the H1B visa which like all US visas follow the US Immigration year which starts on October 1 and ends on September 30 the following year. So when H1B Visa FY2010 applications open on April 1, the general course of events is that the people who get these H1B visas are eligible to work from October 1, 2009. This is the beginning of FY2010.

However this year has been unusual due mainly to the economic events which have meant things like the H1B visa quota and H1B visa lottery, which have been major talking points in recent years were non-existent issues this year. Instead replaced by other issues like the anti H1B visa legislation introduced to Congress but yet to be debated formally.

So now we get to the recent unexpected announcement by the USCIS which states verbatim;

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

What this seems to be saying is that the USCIS will continue to process H1B visa petitions beyond the September 30, 2009 end of the Immigration year. So if you are still searching for a job, don’t give up as the H1B visa opportunity seems to be still open and your dreams are still alive 🙂
The beauty of this is since October 1, 2009 has passed, as soon as the application is approved you will be able to begin work which is another selling point to a potential employer and sponsor.

Good Luck,
CJ

US Immigration Policy and Healthcare

Sometimes we get on our high horse here and talk about real US Immigration policy issues and how it effects all US Immigrants on all types of US Visas as well as Green Card holders and sometimes even illegal immigrants.

Recently we discussed US immigration policy as it relates to Education policy and its relationship with the F1 Student Visa. Basically in short, how because of the short-sightedness and restrictions for growth for foreign students, the fact that 1 in 4 tech companies are started by Immigrants may soon shrink. Thus meaning innovation and economic growth may leave the US shores and go elsewhere.

Also we have talked about the ridiculous anti-immigrant policies like the H-1B restrictions considered by congress, and how political point playing and saving their own careers by blaming innocent parties are driving policy decisions at the top.

Both of these are actually somewhat related to our Healthcare and Immigration discussion. (We actually documented in an earlier post talking about the practicalities for the US Healthcare system for foreign workers and how to prepare yourself for differences to what you are used to back in your home land.)

The Healthcare Debate in the US

For many foreigners reading this and even current Immigrants in the US who may be under a rock somewhere, this has been the dominant news story in the US domestic new media for probably the last 6 months. It shows no signs of abating right now either with legislation being vigorously debated in Congress as we speak!

To give you a bit of background to the US Healthcare system behind all the hyperbole from both sides I will document the pros and cons below.

PROS
– Best medical facilities and access to widest range of highly skilled doctors and specialists in the world
– Extremely convenient access for majority to numerous pharmacies and medical locales
– For those with Health Insurance, generally very high standard of care
– For most people who have Health Insurance (about 80% of US population) vast majority of costs paid by their employer
– Has a Medicare program to cover a majority of health costs for senior citizens
– Has a Medicaid program run by the States to help cover costs for impoverished citizens

CONS
– Only rich, industrialized nation in the world not to have universal health coverage for all citizens
– Close to 50 million citizens have no health insurance and many more are under-insured meaning not enough coverage
– All this despite the fact the US Government spends more on health care per citizen than any nation in the world
– Out of control costs for employers and individuals meaning flow on effects to everything from much higher domestic flight costs on US airlines to the largest cause of foreclosures and bankruptcy for individual citizens
– Very much a disease care system with in my opinion a huge over prescription of medication
– Whole health system is profit based meaning of course, Pharmaceutical and Health Insurance make most money when keeping people sick/medicated and denying them coverage respectively
– US lags many both rich and poor nations in key indicators like infant mortality rate, overall health rating, etc.
– Concepts like “Pre-Existing Conditions” whereby you can be denied payment coverage from your Health Insurance company because you had this or related condition previously which doesn’t meet their criteria

So now that you have had a quick crash course in your US healthcare, let’s get on to the debate itself.

Essentially what is being debated at the moment in Congress, the Media and all around the country is;
1. How to Control Healthcare costs
2. How to make Healthcare affordable for all Citizens

Now how exactly to make this happen is what is caused all the heat and tension around the country with people on the left wanting a Universal Healthcare package proposed provided by the US Government and people on the right wanting to do things like give people tax credits and refunds as so they can buy it themselves. Then there are the majority in between who want some combination or portion of all this depending on their point of view.

The problem with the debate is that both political parties members, the Democrats and Republicans, all receive a lot of campaign contributions from the Healthcare industry and this clearly effects their viewpoints and definitely the way the legislation is written.

Healthcare and Immigration

Now how does this all relate to Immigration?
Well for both illegal immigrants and legal immigrants on work visas, nothing much is really changing as most of the Universal plans up for debate seem to only be accessible to US Citizens and Permanent Residents so you would still be relying on your Employer Health plan or whatever you may have bought yourself. You will still have to pay Medicare taxes from your salary and depending on what is passed, maybe others.

So what is so laughable about this whole process is that under US law no hospital can turn away someone who comes in for treatment. Therefore this clogs up US Emergency Rooms unnecessarily and actual ends up adding flow on costs to everyone via higher taxes and insurance costs.

One of the points of debate in all the plans proposed is whether particularly illegal immigrants (but to some degree legal immigrants on non-immigrant visas) should have access to the Government Universal Health plan or Health Market Exchanges that may be setup allowing people to by health insurance at more affordable amounts.

Because of how politically sensitive the Immigration issue is at the moment, particularly in light of all the Anti-Immigrant information and lies spread by Congress and the Media, that very few have the fortitude to make this available to all in the US. Even President Obama in his Healthcare address to the special joint sitting of Congress said this wouldn’t cover illegal immigrants.

Now back to the laughable part of all this. If this were open to illegal and legal immigrants and they then purchased health insurance via these options, this would lessen the strain on the US healthcare system, lower overall flow on costs to all US citizens and help the US economy as this money would go to companies who could then employ people!

This is why I am so pessimistic about Immigration reform which will probably be debated in the US Congress in 2010 as if this is the sentiment and prevailing wisdom during the healthcare debate where immigration is only a side focus, you can only imagine the viscous lies and lack of progress that will come in the future regarding Immigration

Like I said sometimes the only thing you can do is laugh!

CJ