Greencard via Employment

[Amex1]

по-моему это уже не Ваша забота...

Look: a person is asking for advice, and I am trying to do MY BEST to help. Of course, the decision is up to this person. As the matter of fact, I advized to talk to a lawyer who will definitely know BETTER which route to pursue.

What's more expected from me? Well, I apologize for being incorrect technically, but still, I stand by what I said about TREMENDOUS difficulty seeking H-1B without even M.S.! For God's sake, you can't always get it when you have a Ph.D.! Will it make you happy if the person applies for H-1B anyway and gets 9-1 rejection chance???

[Alex_3112]

What's more expected from me? Well, I apologize for being incorrect technically, but still, I stand by what I said about TREMENDOUS difficulty seeking H-1B without even M.S.!

Thremendous or not, но каждый год в штаты приезжают десятки тысяч бакалавров работать по H1. Во-первых успех зависит от опыта (резюме) более, чем от степени. А во вторых, за все мои годы в IT я еще ни разу не видел, чтобы DOL "зарезал" правильно составленное заявление.

[Amex1]

, за все мои годы в IT я еще ни разу не видел, чтобы DOL "зарезал" правильно составленное заявление.

I was not talking about DOL; I was talking about USCIS. These are two different Government Institutions, and approval by DOL only means that USCIS will consider it, but the decision may be either positive or negative. And denials with the explanation: "Failed to establish unavailability of a candidate with US work-eligiblility to fill in the position open" are TYPICAL, especially for non-advanced degree candidates (B.S., B.A. etc.)

With Ph.D. and M.S. the denial explanations are usually different.

[elfy]

I was not talking about DOL; I was talking about USCIS. These are two different Government Institutions, and approval by DOL only means that USCIS will consider it, but the decision may be either positive or negative. And denials with the explanation: "Failed to establish unavailability of a candidate with US work-eligiblility to fill in the position open" are TYPICAL, especially for non-advanced degree candidates (B.S., B.A. etc.)

With Ph.D. and M.S. the denial explanations are usually different.

what are the reasons for denials in their cases? (just curious)

[Alex_3112]

I was not talking about DOL; I was talking about USCIS. These are two different Government Institutions, and approval by DOL only means that USCIS will consider it, but the decision may be either positive or negative. And denials with the explanation: "Failed to establish unavailability of a candidate with US work-eligiblility to fill in the position open"

This is only an indication of sloppy job done by company lawyers (if there were any). If there was any substantial percentage of denials, then, in previous years, after H1-B cap was reached, it would be subsequently reopen (because of denials). But that was not the case.

[Amex1]

what are the reasons for denials in their cases? (just curious)

Well, "insufficient level of qualification", "mismatching experience", "irrelevant skills", etc.

[Amex1]

This is only an indication of sloppy job done by company lawyers (if there were any).

Perhaps.

If there was any substantial percentage of denials, then, in previous years, after H1-B cap was reached, it would be subsequently reopen (because of denials). But that was not the case.

No, there wouldn't. Look, they have a guideline to admit AS FEW immigrants as possible. Providing, of course, they can furnish appropriate reasoning for supervising officers. Thus, if there is ANY room for denial, they use it. And the numbers mean UPPER limits. Not lower! They can't issue greater number of visas, but they most certainly can issue smaller numbers.

And just for the record: in Clinton's times, ca 2000, an H-1B visa issued to a non-qualified individual would return into the applocation pool. After September 11, 2001, this practice was ceased. For it was just a guideline - NOT a rule or a regulation, much less the law! So, its practicing was up to the Executive Bransh of Power only. And they stopped doing it when they no longer felt like it.

Does this answer your question?

Bottom line: the US Government do not accept immigrants because they want to. They do so because the HAVE TO. For whatever reasons.

[Alex_3112]

And just for the record: in Clinton's times, ca 2000, an H-1B visa issued to a non-qualified individual would return into the applocation pool. After September 11, 2001, this practice was ceased. For it was just a guideline - NOT a rule or a regulation, much less the law!

The Cap is the law.
USCIS may not feel the obligation to actually fill the cap, but in 2006-2008 many applications were not even accepted. If actual number of H1-B "cap" visas was significantly lower than 65K, the uproar in corporate community would have been terrible. However, I heard no such thing. Did you?

And, by the way, what is the source of your information (After September 11 ...)?

Let me recite my own experience - in 100s of H1 IT petitions there were virtually no denials. True, there were some tough RFEs, but if company and its lawyers are working together, USCIS has no grounds for "Failure to establish unavalibility" denial.

[Elric]

Аригинально...толпы индусов и китайцев с дипломом бакалавра получают [H-1B] из года в год а тут магистратуру требуют. обламывают не на основе диплома а на основе наличия, точнее остуствия оного, специалистов в определённой сфере. кого волнует ваш диплом если компании нужен специалист SAP и знанием суахили?

[Amex1]

The Cap is the law.

Yes, as mandated by the Congress, BUT... 65,000 is the UPPER limit. No more. There is no limit on "not less than"!

USCIS may not feel the obligation to actually fill the cap, but in 2006-2008 many applications were not even accepted.

A friend of mine was applying in 2008... Well, the firm on his belalf was. They MAILED the application on May 2, whereas the cup had ALREADY been filled as of April 29.

If actual number of H1-B "cap" visas was significantly lower than 65K, the uproar in corporate community would have been terrible.

And who gave the crap?!! George W.???

However, I heard no such thing. Did you?

The corporates are unhappy with the H-1B visa situation WHATEVER the limit is - 65K or 120K. They want the cap GONE. Period.

The majority of Americans, especially those who don't know that more than half of the scientists involved in the Manhattan Prroject were NOT originally from the US, want ALL foreigners, even married to US Citizens (like myself) gone. Period.

So, NO MATTER what the limist are, there WILL BE "uproars" from EITHER side. Just GET USED TO IT already!

And, by the way, what is the source of your information (After September 11 ...)?

Oh, don't get me started... Every time I walked into the Foreign Office of the Scripps Research Institute in San Diego I was at between 2001 and 2003, I was "greeted" with a phrase: "After September 11, 2001..." It was to tell me that they won't willing to do a thing for me, unless you push them hard.

Of all States, Texas, the "reddest" State, has been the friendliest toward me and other foreigners. In California, the "most blue" State, they just wanted ALL foreigners gone. So, GO FIGURE who likes immigrants - the Republicans or the Democrats...

Let me recite my own experience - in 100s of H1 IT petitions there were virtually no denials.

What field? Were advanced degrees in such field typical?

In Chemistry (that I can totally speak of) even for an M.S. person it's hard to secure H-1B; for B.A. or B.S. I wouldn't even try!

True, there were some tough RFEs, but if company and its lawyers are working together, USCIS has no grounds for "Failure to establish unavalibility" denial.

With so many graduates with B.S. and B.A. from US Universities in science, usually US Citizens or Permanent Residents, HOW IN THE WORLD do you manage to convince USCIS that there was no US work-eligible candidate to fill in the opening, so you have to beseech them for an H-1B?

There are A LOT LESS of Ph.D.s and M.S. graduates, plus those often need to meet specific qualifications for jobs, which is hardly the case for Bs... At least, in Chemistry, Biochemistry, and Molecular Biology. I don't know about other fields, but my guess would be the majority of them have just the same trend. Well, perhaps, some don't. You tell me!