H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted
Posted by Tiyalaw at 8 April, at 13 : 51 PM Print | Email | PDF
H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted
H-1B Annual Work Visa Cap
On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY). The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree. During the period up to and including April 5, 2013, the USCIS around 124,000 H-1B petitions in total. After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.
On April 7, 2013, USCIS conducted computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the caps of 65,000 for the H-1B cap category and 20,000 under the advanced degree exemption limit. Those not selected will be returned with filing fees. Random selection was conducted first for advanced degree H-1B petitions
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for -1B Cap-Exempt Petitions for those under the U.S. advanced degree, and those not selected were processed under the 65,000 limit.
For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.
What is an H-1B?
H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).
Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.
Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap
Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.
Duration of H-1B
In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.
H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up
Potential H-1B candidates who do not make it to the Fiscal Year 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.
April 5, 2013: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net
We represent employers, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; work and related visa matters such as H, L, P, O, E, K.
All Rights Reserved.
More News
Immigration News Others USCIS Case Status USCIS Processing Time Visas Work Visas
Related Posts
- L-1 One-Year Foreign Employment Requirement ~ A Professional Immigration Blog, A Professional Immigration Law Firm, Tiya PLC, Green Card, Green Card via Work, Immigration Links, Immigration News, Visas, Work Visas 29 November, at 21 : 14 PM
- H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018 ~ A Professional Immigration Blog, Immigration Links, Immigration News, Others, USCIS Case Status, USCIS Processing Time, Visas, Work Visas 28 September, at 19 : 43 PM
- Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients ~ A Professional Immigration Blog, Green Card, Green Card - Others, Green Card via Family, Green Card via Work, Immigration Links, Immigration News, Other Visas, Others, USCIS Case Status, Visas, Waivers, Work Visas 27 September, at 00 : 27 AM
- Implementing New Immigration Policy on Referral for Removal/Deportation ~ A Professional Immigration Blog, Citizenship, Green Card, Green Card - Others, Green Card via Family, Immigration Forms, Immigration Links, Immigration News, Other Visas, Others, USCIS Processing Time, Visas, Waivers 26 September, at 16 : 37 PM
- H-1B Premium Processing is Further Suspended ~ Immigration Forms, Immigration News, Others, USCIS Case Status, USCIS Processing Time, Visas, Work Visas 28 August, at 15 : 37 PM