Immigration Lawyers Blog

FY2013 H-1B Update

Mon, 14 May 2012 22:52:48 -0800

As of May 11, 2012, USCIS has received approximately 36,700 H-1B petitions towards the 65,000 cap and approximately 14,800 petitions towards the 20,000 cap for applicants with U.S. advanced degrees.

For assistance in filing an H-1B petition, please contact our office.

Update on EB-1 and EB-2 Visa Availability

Wed, 09 May 2012 21:55:02 -0800

The Department of State (DOS) has reported that despite the retrogression in the May Visa Bulletin of the China-mainland born and India EB-2 priority dates to August 15, 2007, there continues to be an overwhelming demand for numbers by individuals with priority dates earlier than that date. The demand is primarily due to “upgrades” of adjustment of status cases that were originally filed with the USCIS in the EB-3 category that are now eligible to be upgraded to the EB-2 classification. As a result, DOS decided to make the China-mainland born and India EB-2 category "unavailable" in early April, and numbers in this category will continue to be unavailable until the beginning of FY2013, i.e. October 1, 2012. DOS has announced that it will do its best to return the China-mainland born and India EB-2 category cut-off date to the previous May 1, 2010 date. While it is difficult to predict how long that may take, current estimates show that it is not likely to happen before spring 2013. Meanwhile, USCIS will continue accepting China-mainland born and India EB-2 adjustment of status filings during May based on the originally announced May cut-off date.

The above-mentioned information will be included in the upcomig June 2012 Visa Bulletin. DOS also indicted the following changes to “Item F” of the May Visa Bulletin which provided projections regarding visa availability in the coming months. Information it received from the USCIS after its publication requires an update in the projections for the EB-1 and EB-2 preference categories as follows:

Employment First: Based on the current rate of demand, it may be necessary to establish a cut-off date at the end of the fiscal year in an effort to limit number use within the annual numerical limit.

Employment Second: Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries other than China and India. Such action may be required at any time during the next few months.

Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.

FY2013 H-1B Update

Tue, 08 May 2012 13:12:00 -0800

As of May 4, 2012, USCIS has received approximately 32,500 H-1B petitions towards the 65,000 cap and approximately 13,700 petitions towards the 20,000 cap for applicants with U.S. advanced degrees.

For assistance in filing an H-1B petition, please contact our office.

FY2013 H-1B Update

Mon, 30 Apr 2012 12:16:00 -0800

As of April 30, 2012, USCIS has received approximately 29,200 H-1B petitions towards the 65,000 cap and approximately 12,300 petitions towards the 20,000 cap for applicants with U.S. advanced degrees.

For assistance in filing an H-1B petition, please contact our office.

FY2012 Annual Limit Reached for EB-2 China-Mainland Born and India

Tue, 24 Apr 2012 14:06:22 -0800

As previously reported, the May 2012 visa bulletin showed the retrogression of the EB-2 priority dates for China-mainland born and India immigrant visa applicants from May 1, 2010 to August 15, 2007. The State Department has confirmed that the annual limit in the EB-2 category for China-mainland born and India has been reached. On April 11, 2012, USCIS was notified that no further visas for those categories would be authorized. As for U.S. adjustment of status applicants, USCIS will continue to receive and process applications for aliens based upon cut-off dates published in the April and May Visa Bulletins. However, cases with priority dates of August 15, 2007, or later, will be held until new visas are available with the start of FY2013 on October 1, 2012.

FY2013 H-1B Cap Update

Tue, 24 Apr 2012 13:41:47 -0800

As of April 20, 2012, USCIS has received nearly 25,000 H-1B petitions towards the 65,000 cap and approximately 10,900 petitions towards the 20,000 cap for applicants with U.S. advanced degrees.

For assistance in filing an H-1B petition, please contact our office.

H-1B Cap Count as of April 13, 2012

Tue, 17 Apr 2012 14:04:58 -0800

As of April 13, 2012, USCIS has received approximately 20,600 H-1B petitions towards the 65,000 cap and approximately 9,700 petitions towards the 20,000 cap for applicants with U.S. advanced degrees.

For assistance in filing an H-1B petition, please contact our office.

Update on FY2013 H-1B Cap

Mon, 09 Apr 2012 23:06:19 -0800

As of April 9, 2012, USCIS has received approximately 17,400 H-1B petitions towards the 65,000 cap and approximately 8,200 petitions towards the 20,000 cap for applicants with U.S. advanced degrees. USCIS has indicated that it will continue to provide regular updates on the FY2013 H-1B cap and will announce a "final receipt date" once it has determined that it has received a sufficient number of cases to meet the cap. It will then randomly select the number of H-1B petitions received on that final date for receipt of a FY2013 H-1B number. Any petitions that are not successful in the lottery system or received after the final receipt date will be returned with refunded filing fees.

Meanwhile, USCIS will continue to accept H-1B cases that are not subject to the numerical cap, including the following petitions:

• H-1B extension of status.;
• H-1B change of employer;
• H-1B amendments; and
• H-1B concurrent employment.

For assistance in filing an H-1B petition, please contact our office.

May 2012 Department of State Visa Bulletin

Sun, 08 Apr 2012 20:50:36 -0800

The new visa bulletin is out at this link: http://www.travel.state.gov/visa/bulletin/bulletin_5692.html. Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India and China (Aug. 15, 2007); EB-3 is at May 1, 2006 for all countries, except for India (Sept. 8, 2002) and China (April 1, 2005); EB-3 other workers is at April 8, 2006 for all countries, except India (Sept. 8, 2002), China (April 22, 2003); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current. Family based petitions are backlogged, with the most recent date at Nov. 15, 2009 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of Jan. 22, 1989.

The most dramatic change in the May 2012 visa bulletin is the retrogression of the EB-2 priority dates for China-mainland born and India immigrant visa applicants from May 1, 2010 to August 15, 2007. According to the Department of State (DOS), visa applicants processing in April at overseas consulates will still receive visas since those numbers were allocated before the cut-off date was established. As for U.S. adjustment of status applicants, USCIS will contine to receive and process applications for aliens with priority dates prior to the date established in the April visa bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to Visa Control at DOS and held in "pending" status until new visas are available with the start of FY2013 on October 1, 2012. The DOS has stated "Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer."

EB-2 Retrogression Confirmed for China-Mainland and India Nationals

Fri, 06 Apr 2012 10:19:43 -0800

As previously reported, the EB-2 priority dates for China-mainland born and India immigrant visa applicants are expected to retrogress to August 15, 2007 in the upcoming May Visa Bulletin. The Department of State (DOS) has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. The current visa bulletin for April shows a priority date of May 1, 2010 for the EB-2 China-mainland born and India categories. DOS has indicated that visa applicants processing in April at overseas consulates will still receive visas since those numbers were allocated before the cut-off date was established. As for U.S. adjustment of status applicants, USCIS will contine to receive and process applications for aliens with priority dates prior to the date established in the April visa bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to Visa Control at DOS and held in "pending" status until new visas are available with the start of FY2013 on October 1, 2012. Be on the look out for the upcoming May visa bulletin as DOS advises that it will address the EB-2 movement.

USCIS Receives Large Volume of FY2013 H-1B Cap Cases

Thu, 05 Apr 2012 22:01:56 -0800

USCIS began accepting H-1B petitions subject to the FY2013 cap on April 1, 2012. The H-1B category has an annual cap of 65,000 new visas with an additional 20,000 for individuals with U.S. Master's degrees. As of April 4, 2012, 22,323 cap-subject H-1B petitions have been received by USCIS. USCIS has indicated that about 25% of these cases are for U.S. advanced degrees and that the number of petitions received thus far is nearly twice the number of petitions received by USCIS during this same time last year. The H-1B cap was not reached last year until November 22, 2011, but based on the large volume of petitions received within these first few days of the H-1B season, it is likely the H-1B cap may be reached much sooner than last year if filings continue at this current pace. Once USCIS determines that it has received a sufficient number of cases, it will determine a final receipt date and conduct a random lottery based on that date. Any petitions that are not successful in the lottery system will be returned and the filing fees will not be cashed.

For assistance in filing a timely FY 2013 H-1B petition, please contact our office.

DOS Announces Changes to Visa Application Fee Schedule

Tue, 03 Apr 2012 17:38:30 -0800

Effective April 13, 2012, the U.S. Department of State will enforce new visa application fees under its revised Schedule of Fees for consular services, including nonimmigrant visa application processing fees, border crossing card application processing fees and immigrant visa application processing fees. Most Non-immigrant Visa Services, including employment-based visas in the H, L, O, P, and R categories, experienced fee increases while Immigrant and Special Visa Services saw a reduction in fees. The amended fee schedule is as follows:

Non-Immigrant Visa Services

Nonimmigrant Visa Application and Border Crossing Card Processing Fees (per person):
(a) Non-petition-based nonimmigrant visa (except E category):$160 (new fee) $140 (current fee)
(b) H, L, O, P, Q and R category nonimmigrant visa: $190 (new fee) $150 (current fee)
(c) E category nonimmigrant visa: $270 (new fee) $390(current fee)
(d) K category nonimmigrant visa: $240 (new fee) $350 (current fee)
(e) Border crossing card--age 15 and over (10-year validity): $160 (new fee) $140 (current fee)
(f) Border crossing card--under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid for 10 years or until the applicant reaches age 15, whichever is earlier): $15 (new fee) $14 (current fee)

Immigrant and Special Visa Services

Immigrant Visa Application Processing Fee (per person)
(a) Immediate relative and family preference: $230 (new fee) $330 (current fee)
(b) Employment-based applications: $405 (new fee) $720 (current fee)
(c) Other immigrant visa applications (including I-360 self-petitioners and special immigrant visa applicants: $220 (new fee) $305 (current fee)

Diversity Visa Lottery fee (per person applying as a result of the lottery program):$330 (new fee) $440 (current fee)

Special Visa Services:
(a) Determining Returning Resident Status: $275 (new fee) $380 (current fee)

USCIS Accepts FY2013 H-1B Petitions

Sun, 01 Apr 2012 19:48:50 -0800

Starting today, USCIS began accepting H-1B petitions subject to the FY2013 cap with employment start dates beginning October 1, 2012. Cases will be considered accepted on the date that it is received by USCIS, not the postmarked date. The H-1B category is subject to an annual cap of 65,000 new visas with an additional 20,000 for individuals with U.S. Master's degrees. Once USCIS determines that it has received a sufficient number of cases, it will determine a final receipt date and conduct a random lottery based on that date. Any petitions that are not successful in the lottery system will be returned and the filing fees will not be cashed.

New H-1B petitions that are cap-exempt include beneficiaries employed at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Additionally, beneficiaries working only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until December 31, 2014. Meanwhile, USCIS will continue to accept H-1B cases that are not subject to the numerical cap, including the following petitions:

• H-1B extension of status.;
• H-1B change of employer;
• H-1B amendments; and
• H-1B concurrent employment.

For assistance in filing a timely FY 2013 H-1B petition, please contact our office.

EB-2 Priority Date for China and India Faces Major Retrogression

Sun, 25 Mar 2012 21:21:39 -0800

The EB-2 priority dates for China-mainland born and India are expected to retrogress to August 15, 2007 in the upcoming May Visa Bulletin. The current visa bulletin shows a priority date of May 1, 2010 for the EB-2 China-mainland born and India categories. Due to the high demand in these categories, the priority date has been retrogressed to ensure visa numbers are available for natives of other countries. USCIS has indicated that it will continue to “preadjudicate” adjustment of status applications received through April. The “preadjudicated” cases will be held by the State Department in “pending” status so that they will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of the FY2012 to ensure the employment-based visas are fully allocated. For now, it is still too early to predict movement for the remainder of the year.

Get Ready to File New H-1B Petitions by March 30, 2012!

Fri, 16 Mar 2012 01:05:39 -0800

On March 30, 2012, employers can start filing new H-1B petitions for FY2013. The new fiscal year for USCIS does not begin until October 1, 2012, but employers can submit H-1B petitions requesting an October 1st employment start date since they are allowed to file an H-1B petition six months in advance. The H-1B category is subject to an annual cap of 65,000 new visas with an additional 20,000 for individuals with U.S. Master's degrees. New H-1B cases subject to the cap typically include applicants seeking initial H-1B entry, F-1 students seeking a change of status upon the expiration of their optional practical training (OPT), H-1B holders who previously worked for cap-exempt organizations, or individuals in other visa classifications such as L-1Bs, TNs, or H-4s who are seeking a change of status to H-1B. In the past, the demand for H-1B visas have been so great that the H-1B cap for the new fiscal year was met on the first available filing date. Although this has not been the case for the last 3 years, we still encourage employers to file new H-1B petitions on March 30, 2012 or soon after to ensure that their employees are granted an H-1B number under the FY2013 cap. For assistance in filing a timely FY 2013 H-1B petition, please contact our office.