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Each year, The MathWorks Inc. hires a large number of new graduates who
are foreign nationals. Gail Cole, senior human resources specialist for
the Natick, Massachusetts-based software development company, says one
of the main issues The MathWorks faces is not successfully obtaining a
H-1B visa for someone who will only have 12 months of optional practical
training (OPT).
"Last year, we were pretty successful," Cole says. "We were able to get
all of the H-1B visas we needed with the exception of about six. One
thing we face though is that we hire mostly out of graduate programs and
the students fall into the special H-1B visa category in which there are
20,000 visas reserved. Typically, these students graduate in May, so
they don't have their degree in April when the filing date is."
Even though the intent of the program is to provide work opportunities
for these graduates, Cole says the timing doesn't work.
"What we expect to happen this year is that if we're really lucky, we'll
get half of these visas approved," she notes.
The MathWorks has started recruiting much earlier to have its offers out
on February 1 to ensure that the necessary visa applications are filed a
month later.
"If we don't have our applications in on April 1, we don't have a
chance," she says.
Because of the issues surrounding the visas, Cole explains that the
company is now looking at colleges with broader U.S. student bases and
has started recruiting in Canada, where it knows it can get work
authorizations for its hires.
"There are no great answers or easy solutions for problems with the H-1B
visa issue," she adds. "I don't know if people are aware of the negative
impact this is having."
The primary problem surrounding the H-1B application process is the
number of visas available and the high demand for them. Currently, there
are two quotas for H-1B visas:
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20,000 H-1Bs available
for individuals who hold an advanced degree from a U.S. college or
university.
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65,000 for individuals
who hold a bachelor's degree or higher, or the foreign equivalent,
from any college or university in the world.
Both quotas are released
every year on October 1, and employers can begin filing for the quota
six months in advance (on April 1).
"Last year, April 1 fell on a Sunday, so April 2 was the first day any
applications could be filed," explains attorney Mark Rhoads, of
McCandlish Holton's immigration practice group. "On April 2,
approximately 130,000 applications were received for the 65,000 quota.
The U.S. Citizenship and Immigration Service (CIS) held a lottery,
randomly selected 65,000 for processing, and returned the rest. The
20,000 advanced degree quota was not exhausted until the end of April,
but it was still exhausted within a matter of weeks."
Rhoads predicts that this year both quotas will be exhausted on April 1.
"Applicants who wish to apply for H-1B for the first time therefore must
have their applications in on April 1," he advises. "Not before. Not
after."
Rhoads says that it's important to note that, in order to apply for H-1B
visas, applicants must have degrees related to the jobs they wish to
take. Since graduation for many schools is not until May or June, many
students will not have completed their degree program until after April
1, and therefore will miss the opportunity to apply, Rhoads says.
"They will have to wait until April 1 of the following year to apply,"
he explains. "However, students in advanced degree programs should note
that they already have a degree, and therefore may qualify to apply for
an H-1B even before completing their advanced degree programs. If their
existing undergrad degree relates to the job, and the job does not
require the advanced degree, they can qualify based on their existing
degree, as long as they have an employer who will sponsor them."
Rhoads says there may be other visa options available to some students,
but those options are limited. For example, Canadians or Mexicans may
qualify for TN; Australians may qualify for E3; and Chileans and
Singaporeans have their own separate quota of H-1B visas. Individuals
who have had H-1B before and who have not used all six years of
eligibility are exempt from the quota, even if they now hold some other
status (such as F-1).
There may be options for individuals of some countries to work in the
United States based on treaties of trade with the United States on E
visas. Citizens of India and China, however, are not eligible for E
visas. Similarly, companies with operations in the United States and in
international locales may be able to place graduates in their overseas
operations for a year, and then qualify for L-1 visas. Other options may
include O visas for individuals with outstanding abilities, and Q visas
for individuals performing work involving "cultural exchange" (such as
language teachers).
In addition, Rhoads points out that some employers are exempt from the
quota, and can apply for H-1B at any time, regardless of the quota:
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Universities (any job at
a university is exempt from the quota).
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Nonprofit entities
affiliated with a university (such as a university hospital or
research entity).
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Nonprofit research
organizations engaged in basic or applied research.
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Governmental research
organizations (such as the Los Alamos National Lab, etc).
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The CIS offers several
tips for filing a H-1B cap case, including:
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Clearly label all H-1B
cap cases in red ink on top margin of Form I-129 petition.
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Fill out Form I-129 and
supplements correctly, consistently, and completely.
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Employer must submit the
correct fees as seen on form instructions (separate checks for each
are best).
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Please send only one
petition per envelope. These may then be mailed together in one
mailing package.
For more details about the filing tips from the U.S. Citizenship and
Immigration Service, click here.
About the National
Association of Colleges and Employers (NACE)
Established in 1956, the National Association of Colleges and Employers
(NACE) facilitates and is the leading source of information on the
employment of the college educated. For more information, see
www.naceweb.org.
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