H1B worker cap reached in 1 day

[William3rd]

The H1B temporary nonimmigrant worker cap was reached in one day with over 150,000 applications received. FedEx reported that it had 53000 applications awaiting Monday morning delivery as of Friday. A lottery will be held to determine which of the applications will be accepted for this year.

The H1B is a way for professionals to work in the United States for three years and it can be extended for another three years. This method is frequently a pathway for an alien to get a green card through the labor certification process.

In previous years, I used to get frequent inquiries for this method to be used as an avenue to allow a woman over for a long-term stay. It really isn't worth the time and expense.

So that is it for H1B until next year. . .

[TwoBitBandit]

The H1B temporary nonimmigrant worker cap was reached in one day with over 150,000 applications received. FedEx reported that it had 53000 applications awaiting Monday morning delivery as of Friday. A lottery will be held to determine which of the applications will be accepted for this year.

The H1B is a way for professionals to work in the United States for three years and it can be extended for another three years. This method is frequently a pathway for an alien to get a green card through the labor certification process.

In previous years, I used to get frequent inquiries for this method to be used as an avenue to allow a woman over for a long-term stay. It really isn't worth the time and expense.

So that is it for H1B until next year. . .

Tell me about it.  I work as a manager of an engineering group at a semiconductor company.  I flew this poor bloke all the way out from POLAND last week for an interview because he sounded so great on the phone.  Well, there was a reason for that, he was a really smart guy and a great engineer.

So, I go to make him an offer, and my HR person tells me that they hit the H1B cap on the FIRST FRIGGIN' DAY!!!!!  So I'm screwed unless I want to hire him in Germany and have him work remotely.

[TwoBitBandit]

In previous years, I used to get frequent inquiries for this method to be used as an avenue to allow a woman over for a long-term sta. It really isn't worth the time and expense.

By the way William, what other avenues are there for an RW to stay here for awhile without an engagement (K1)?  90 days just isn't enough.

Is there any other avenue besides a student visa?

[viking]

How many are actually picked?

[William3rd]

The qouta is 85000 but with exemptions, it is substantially higher every year.

Student visas are not really an "avenue." F 1 students are non immigrants that come to the united states for the purposes of furthering their education.

As has been stated ad nauseum in the past, K visas came out of the War Brides Act and were never intended to be functioning in the internet world. The original issue addressed were soldiers who had met women abroad and wanted the marriage to take place in their hometowns.

[jb]

Interestingly enough, foreign students graduating from American Universities with a Masters degree, or higher, are pretty much automatically given the 3 year H-1B.  There doesn't seem to be a waiting line in that catagory.   

[William3rd]

Those are exemptions. Run a google search on H1B quotas. There are a couple very interesting articles that pop up. And, if you read Michener's Caribbean, there is a chapter on the old days of immigration which fit well into today's situation.

[TwoBitBandit]

Student visas are not really an "avenue." F 1 students are non immigrants that come to the united states for the purposes of furthering their education.

Why can't I help a girl get an F1, and if we decide to get married then send her back and apply for a K1?  Or then go marry here there and do a K3?  Why can't an F1 be used in this way?  Does it make a subsequent K visa harder to get?

Surely, there must be some other way to get an RW into the US if one has enough money...

[William3rd]

Because the F visa is a STUDENT visa. As in STUDY- and not just anatomy. It would be interesting to see how you can "help" without alerting the consulate to an ulterior motive. Besides, there is alot more to a student visa than just wanting to come to the US to study.

Why would you send her back to do a K? If she gets here and you later marry, you dont really have to send her back; you would attempt the adjustment here. Which is one reason why they dont want her here in the first place. . . . .

I remember a Filipina "student" a few years ago. Had her wedding dress in her suitcase. . . .

 

[viking]

So it would appear in this lottery that one has 50-50 shot of getting in? I have noticed a LOT of RWs here on a work visa. And not all legit. What is the process for this type of visa?

[William3rd]

REAL employer with a REAL job REQUIRING a degreed professional seeking a REAL employee with REAL qualifications.

There is federal prosecution of a law office out here that was doing fake H and fake labor certifications. One attorney just pled out and gets 2 years; the other partners are going to trial

[viking]

Hmmmm. So anyone who opens up a 'real' translation service, with some brick and mortor location, a web site and some marketing brochures, can ask for a bi-lingual RW to come over and help translate the letters? Not trying to be funny here, but it sounds like those conditions can be met without too much of a hassle.

[William3rd]

Employer- established business with the ability to pay the prevailing wage for the job description. Job must be for a degreed professional or 12 years experience in lieu of degree. Alien must hold the appropriate degree. Example- nurse flipping burgers at McD- no way.

Most of the ones that I have done have been accountants. It is a fair amount of work and you should seek the services of an attorney.

[ScottinCrimea]

On my first trip to Ukraine someone from the travel agency was trying to recommend this route to my wife.  It appears there is a web of Russian owned legitimate businesses in the US that, for a fee, will create a job description specific to your qualifications, do the required amount of advertising to show they can't find a qualified candidate in the US, and then prepare the paperwork for you to come over.

[jb]

One thing William hasn't mentioned are the penalties which the USBCIS routinely impose on those folks who try to circumvent the *accepted* way of getting a foreigner into the country.  Your girl could easily wind up with a bar on her passport for up to two years, or even forever, if suspected of visa fraud.  There is no court of appeals, no saying "slipies", or asking for "do overs",, the adjudicating BCIS officer simply stamps her passport and she's history.  The American involved in visa fraud is also subject to jail time and large fines if they decide to push the point.  This is not something to fool around with.   

The K-1 visa is the accepted method of importing a foreign national for marriage,,, it is the "smiled upon" method, it is the approved method.  Cute tricks with student visas or temp work visas are viewed with a jaundiced eye and are not recommended.  One slip of the tongue can land everyone involved in a lot of hot water.  Anyone thinking they are smart enough to beat the system needs a serious reality check.

Usually the reason brought up for wanting to bring a girl over on a "funny" visa is to get to know her better before getting married,,, well, sad to say,,, the way to do that is to spend more time with her in her country.  You are not likely to have it your way.

On my first trip to Ukraine someone from the travel agency was trying to recommend this route to my wife.  It appears there is a web of Russian owned legitimate businesses in the US that, for a fee, will create a job description specific to your qualifications, do the required amount of advertising to show they can't find a qualified candidate in the US, and then prepare the paperwork for you to come over.

Scott,,, this is called "visa fraud", or in most cases it is simply a case of just a plain con job.  Travel agents cannot obtain visas to the USA, never have been able to,,, never will be able to,,, the only thing they can do is submit a list of names and visa applications of people wishing for tourist visas for approved tours, even then it all goes through the American Embassy for issuance of a visa to travel,,, there is no such thing as a "rubber stamp" visa from a travel agent.  That may be the oldest scam on the books.

[William3rd]

I agree with JB. I hope that nobody is silly enough to take a chance and commit visa fraud. However, as I say that, I have seen enough yahoos in the past to realize that american ingenuity can result in permanent bars for visa eligibility

[viking]

Just so no one gets the wrong impression....I did not ask the question for the purpose of trying to do anything illegal. I was just curious how so many RWs can make their way over here on a work visa of some kind when they do not actually have a job. Russia being corrupt, I can suspect that for the right price, and connections, one could probably secure a visa of some kind and I can also suspect, as Scott mentioned, that there may be more than a few ways of accomplishing this goal if one really wanted to 'go under the table'.

[ScottinCrimea]

jb, this wasn't the travel agency doing a scam, she just offered to put us in touch with some Russians she knew with businesses in the US who might do this.  This was done as a friendly aside, not an attempt to get anything from us.  Of course we said thank you but no thank you, but it was interesting to know that this does happen quite often.

[TwoBitBandit]

Because the F visa is a STUDENT visa. As in STUDY- and not just anatomy. It would be interesting to see how you can "help" without alerting the consulate to an ulterior motive. Besides, there is alot more to a student visa than just wanting to come to the US to study.

I understand that it's a student visa.  So, why can't a RW with appropriate credentials (like the Russian equivalent of a bachelor's degree) apply to a second-rate graduate program like San Jose State University, get admitted, and then use that as a basis for an F1 visa?  Then, when she arrives, she actually attends the university.

[jb]

TTB,

She can do all of these things if,,,, she has demonstrated sufficiently high level English skills to do graduate level university work,,, if she has proof of financial stability and demonstrates the ability to pay non-resident tution costs, plus housing, transportation, and other costs of living, etc, etc.  Remember, she has to do this herself, her would be, wanna be, sponsor can not be involved in her visa application in any manner.  If the BCIS gets an inkling that there is any possibility of "Intent To Immigrate", the visa will be denied.

I covered most of what the Consular Officer looks for, and has to think about, when considering visa applications over in the FAQ section, I just didn't apply it to the possibility of F-1 visas.  Students coming to the USA on the J-1 student visa will automatically have a 2 year bar placed on re-entry as a condition of the visa approval.

Any other questions?

[I/O]

Bottom line seems to be to me, similar to our system, do it by the book or don't do it at all.  I dunno how many I have told this to, but they still keep trying.  (Nevertheless, I am still yet to prove that doing it by the book is any certainty either, but at least you can argue your case with integrity)

I/O

[jb]

Viking,

Russia being corrupt, I can suspect that for the right price, and connections, one could probably secure a visa of some kind

What has "Russia being corrupt" got to do with anything relating to US visas?   Visas are issued by the US Department of State, not by corrupt Russians, Russians are not in the picture in any way, shape, or form.  Having said that, let me digress a bit and mention that there are some businesses in the USA which use Russian workers to their own benefit.  Some of those businesses are perhaps a bit shady, for example,,, many of the well endowed female adult ballet dancers in the local tittie bar scene may speak English with an accent, some of the dealers in the gambling industry might be from the FSU.  I know for a fact that there is a day cruise gambling ship home ported here in Corpus Christi which uses many Russian and Ukrainian staff.  But since this board is supposed to be aimed at the objective of finding a RW/UW for the purposes of love and marriage, I have to ask; is this the sort of Russian woman any man here wants to meet and marry?  Frankly, I think not.