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AILA Believes There Has To Be a Better Way When It Comes to the H-1B Lottery
Date:4/1/2009

ional in a specialty occupation involving the theoretical and practical application of a body of specialized knowledge (such as the sciences, medicine and health care, education, biotechnology, etc.). The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master's degree or higher are exempt from the fiscal year cap. H-1B petitions cannot be filed more than six months in advance of the requested start date, resulting in a rush on April 1 to apply for individuals to start work on October 1.

"For many years this cap has been hit the day the process opened for applications," said Kuck. "And for many years businesses have had to forego valued talent because they did not 'win' the lottery for these scarce visas. And, even if they do 'win,' they have to wait six months to get that talent. Our current economic hardships do not diminish the problems that this irrational process creates. In fact, these hardships accentuate the issue, as this targeted, specific talent is needed as never before."

AILA calls on Congress to fix our broken immigration system. AILA believes this reform must include a rational model for giving American businesses timely, targeted and sufficient access to the global workforce of professionals that can open the door to innovation and international markets. Economic crisis is not the time to withdraw from this imperative -- it is time to step up to it.

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

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