US Immigration Completes its Random Selection Process for 2017 H-1B Cap

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet the cap.

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

USCIS plans to process the above H-1B Cap Petitions selected in the lottery system no later than May 16, 2016. However, in prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are 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 the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends 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. Certain employers are cap exempt.

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 Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, 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 ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

H-1B Annual Work Visa Cap 

On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.

 In April 2014, the USCIS received many more petitions than the visa quota.  As such, the USCIS selected cases based on random selection process (lottery).  On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions.   The USCIS finished its computer-generated random selection process (lottery) on April 10, 2014.   Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

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), and then U.S. citizenship.

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 2016 H-1B visa quota (October 1 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, 2016 (October 1, 2016 employment start-date or later) for the Fiscal Year 2017 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.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

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, companies, 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; and work visas, family visas, nonimmigrant, and waiver matters.

All Rights Reserved.

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USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014

H-1B Annual Work Visa Cap 

On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.   On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions.   The USCIS has finished its computer-generated random selection process (lottery) on April 10, 2014 and has begun issuing receipt notices.  Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on or before April 28, 2014. 

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 2015 H-1B visa quota (October 1, 2014 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, 2015 (October 1, 2015 employment start-date or later) for the Fiscal Year 2016 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.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

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USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases

H-1B Annual Work Visa Cap

On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 H-1B for those under the U.S. advanced degree.   USCIS is expected to receive more than sufficient petitions for the visa quotas/cap by April 7, 2014.  After certain date, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Petitions, for FY 2015.

USCIS is prepared to conduct 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 limit.  Non-duplicate petitions not selected will be returned with filing fees.  Normally, random selection is conducted first for advanced degree H-1B petitions

When USCIS receives more than 20,000 U.S. advanced degree H-1B Petitions, those not selected would be included in the random selection under the 65,000 limit.

For this particular H-1B cap-season, USCIS will begin premium processing for H-1B cap cases on or before April 28, 2014. 

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 2015 H-1B visa quota (October 1, 2014 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, 2015 (October 1, 2015 employment start-date or later) for the Fiscal Year 2016 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.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

More News

• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• H-1B Visa Cap for FY 2014 Has Been Reached

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.

More News

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H-1B Visa Cap for FY 2014 Has Been Reached

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.   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.

USCIS will contact a computer-generated random selection process (lottery) for all H-1B Cap Petitions received until April 5, 2013.  All U.S. advanced degree H-1B Cap Exempt Petitions not selected within the 20,000 limit will be part of the lottery system.

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.

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U.S. Work Visas and Options for Nurses

Many foreign nurses in the U.S. have expired or expiring work visa/status since H-1C nonimmigrant visa program for nurses sunset (expired) on December 20, 2009.   Eligible foreign nurses may considered other work visas/status options such as:

1. TN under NAFTA: Registered nurses from Canada or Mexico may consider utilizing TN work status.
2. H-1B: Certain nurses from Canada, Mexico and other countries may also consider H-1B.  Depending on the type of employer-sponsor, new H-1B petitions are subject to the annual visa quota.    H-1B applies to positions requiring at least a baccalaureate/bachelor’s degree.   Nurses who may qualify for H-1B status include advanced practice nurse such as Clinical Nurse Specialists (CNS); Nurse Practitioners (NP); Certified Registered Nurse Anesthetists (CRNA), and Certified Nurse-Midwives (CNM)), nurse managers, and nursing administrators.   For more information on H-1B visa quota, please visit:  https://immigrationresource.net/quota-for-h-1b-cap-work-visas-has-been-reached-for-fy2013-june-12-2012/  .  Nurses holding H-1B status may also consider employment green card and/or family green card.

July 13, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card 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 and PERM.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)

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.

H-1B Annual Work Visa Cap

On June 12, 2012 (today), the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient number of H-1B petitions, on June 11, 2012, to reach its statutory cap of 65,000 for fiscal year (FY) 2013, and has received over 20,000 H-1B Master’s Degree Exemption, on June 7, 2012.

June 11, 2012 was the final receipt date for H-1B cap petitions referenced above.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

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.

June 12, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

More News

• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• U.S. Work Visas and Options for Nurses
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)

H-1B Visa Numbers Almost Finished!  55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)

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.

H-1B Annual Work Visa Cap

As of June 1, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 55,600 H-1B Regular Cap, and 18,700 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

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, and 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 H-1B employers. These H-1B petitions may not be subjected to the annual visa cap.

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 the 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.

June 4, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• H-1B Visa Cap for FY 2014 Has Been Reached
• U.S. Work Visas and Options for Nurses
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014

48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)

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.

H-1B Annual Work Visa Cap

As of May 25, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 48,400 H-1B Regular Cap, and 17,500 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

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, and 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 H-1B employers. These H-1B petitions may not be subjected to the annual visa cap.

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 the 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.

June 2, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• U.S. Work Visas and Options for Nurses
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration