Bashyam Spiro LLP

H-1B Cap Count – May 18, 2012

2012-05-27T21:59:36Z

The U.S. Citizenship and Immigration Service (USCIS) provided a ‘cap count’ for its Fiscal Year 2013 H-1B numbers. These are new H1B applications filed on or after April 1, 2012 for a start date of October 1, 2012.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of May 18, 2012, the Service had received:

Regular H-1B Cap: 42,000
U.S. Masters H-1B Cap: 16,000

At this rate, it’s likely both caps will be exhausted by early June.

If you’re going to file an H-1B case for a foreign professional worker, make sure to get it filed as soon as possible!

We will continue to keep you updated at www.bashyamspiro.com.

USCIS to Centralize Filing of Certain Waiver of Inadmissibility Cases

2012-05-27T21:54:00Z

Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa.

Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide individuals with faster and more efficient application processing and consistent adjudication.

The change affects filings for:

Individuals who mail their waiver request forms should use the address provided in the revised form instructions on the USCIS website.

During a limited six-month transition period, immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez. USCIS is aware of the pending caseload for applicants in Ciudad Juarez and is taking proactive steps to work through these cases.

This change is separate and distinct from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

We will keep you updated at www.bashyamspiro.com.

H-1B Cap Count – May 11, 2012

2012-05-15T11:56:26Z

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of May 11, 2012, the Service had received:

Regular H-1B Cap: 36,700
U.S. Masters H-1B Cap: 14,800

Close to 4,000 regular H1B cap cases were filed between May 4 and May 11. At this rate, it’s likely both caps will be exhausted by the end of May or early June. If you’re going to file an H-1B case for a foreign professional worker, make sure to get it filed as soon as possible.

We will continue to keep you updated at www.bashyamspiro.com.

Temporary Protected Status for Somalia

2012-05-12T19:50:50Z

Secretary of Homeland Security Janet Napolitano re-designated Somalia for Temporary Protected Status (TPS). She extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.

Somali nationals with TPS who are seeking to re-register for TPS must file their application packages during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somalis (or persons without nationality who last habitually resided in Somalia) in the United States who do not currently have TPS may apply under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012.

The extension of the current Somalia TPS designation is due to the continued disruption of living conditions in the country based upon extraordinary and temporary conditions that prompted the U.S. Attorney General’s re-designation of Somalia for TPS on Sept. 4, 2001. The Secretary’s re-designation is based on on-going armed conflict and the worsening of conditions on the ground, including the effects of the recent severe drought in Somalia.

A Somali national may be eligible under the re-designation if she or he has continuously resided in the United States since May 1, 2012, and has been continuously physically present in the United States since Sept. 18, 2012.

DHS anticipates that there are approximately 250 individuals who will be eligible to re-register for TPS under the existing designation of Somalia and estimates that fewer than 1,000 additional individuals will be eligible for TPS under the re-designation.

Please visit this LINK for instructions on how to apply for TPS.

We will provide updates at www.bashyamspiro.com.

H-1B Cap Count – May 4, 2012

2012-05-12T17:49:47Z

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of May 4, 2012, the Service had received:

Regular H-1B Cap: 32,500
U.S. Masters H-1B Cap: 13,700

The regular H-1B cap is almost half over. The Master’s degree cap only has 6,300 numbers left.

As we’ve mentioned before, it’s likely both caps will be exhausted by the end of May or early June. If you’re going to file an H-1B case for a foreign professional worker, make sure to get it filed as soon as possible.

We will continue to keep you updated at www.bashyamspiro.com.

H-1B Cap Count – April 27, 2012

2012-05-05T18:22:19Z

The U.S. Citizenship and Immigration Service (USCIS) provided a ‘cap count’ for its Fiscal Year 2013 H-1B. These are new H1B applications filed on or after April 1, 2012 for a start date of October 1, 2012.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 27, 2012, the Service had received:

Regular H-1B Cap: 29,200
U.S. Masters H-1B Cap: 12,300

The regular H-1B cap numbers are moving at approximately 5,000 per week. If that rate holds, then it’s likely that the cap will be reached around the end of May.

We will continue to keep you updated at www.bashyamspiro.com.

Provisional Unlawful Presence Waiver Not Yet in Effect

2012-04-29T19:12:55Z

On March 30, 2012, the Department of Homeland Security (DHS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to become lawful permanent residents of the United States.

Since the announcement, there have been many public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect. To address these issues, USCIS advises as follows:

The Provisional Unlawful Presence Waiver is NOT in effect. The provisional unlawful presence waiver will not be available to potential applicants until an effective date is specified in the final rule USCIS will publish later this year in the Federal Register.

Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting a provisional waiver and return the application and any related fees to the applicant. USCIS cannot accept requests for a provisional waiver until the process change takes effect.

Beware of notarios, or other individuals who are not authorized to practice immigration law, who claim they can help you get a provisional waiver.These individuals also may ask you to pay them money upfront to file an application for a provisional waiver. Avoid such scams. Learn to protect yourself and your family against unauthorized practitioners and immigration scams by visiting www.uscis.gov/avoidscams.

If you have been scheduled for your immigrant visa interview with the U.S. Department of State, attend the interview. The Department of State may cancel your immigrant visa registration if you fail to appear for your interview.

A detailed Web page addressing the proposed rule is currently posted to www.uscis.gov/provisionalwaiver.

We will keep you updated at www.bashyamspiro.com.

H-1B Cap Count – April 20, 2012

2012-04-29T15:57:16Z

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 20, 2012, the Service had received:

Regular H-1B Cap: 25,000
U.S. Masters H-1B Cap: 10,900

We will continue to keep you updated at www.bashyamspiro.com.

H-1B Cap Count – April 13, 2012

2012-04-19T11:20:45Z

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 13, 2012, the Service had received:

Regular H-1B Cap: 20,600
U.S. Masters H-1B Cap: 9,700

This is nearly double the H-1B filings compared to the same time last year.

We will continue to keep you updated at www.bashyamspiro.com.

USCIS Updates H-1B Cap Count – April 9, 2012

2012-04-09T18:56:05Z

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 9, 2012, the Service had received:

Regular H-1B Cap: 17,400
U.S. Masters H-1B Cap: 8,200

To compare these numbers with prior years:

In 2011, the numbers dipped significantly. By April 10, 2011:

Regular H-1B Cap: 5,900
U.S. Masters H-1B Cap: 4,500

To illustrate what an anomaly last year was, on April 8, 2010, the USCIS reported:

Regular H-1B Cap: 13,500
U.S. Masters H-1B Cap: 5,600

And for further perspective, see how long it took to reach the cap in previous years:

Fiscal Year 2012: cap was reached November 22, 2011
Fiscal Year 2011: cap was reached January 26, 2011
Fiscal Year 2010: cap was reached December 21, 2009
Fiscal Year 2009: cap was reached April 7, 2008 (190,000 total applications were received in one week, USCIS conducted a lottery)
Fiscal Year 2008: cap was reached April 3, 2007 (150,000 applications were received in 3 days, USCIS conducted a lottery)
Fiscal Year 2007: cap was reached May 26, 2006

Obviously, there is an ‘uptick’ in H1B activity this year. It’s nowhere near where it was in ’07 and ’08, but still, we predict that the 2013 cap will reached within the next two (2) months.

This means you need to get your application filed ASAP!

We will provide updates on www.bashyamspiro.com.