USCIS Reaches 2017 H-1B Visa Cap/Quota 

 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 had received more than sufficient H-1B Cap Petitions to meet the cap.   Due to the overwhelming numbers of H-1B Cap Petitions received, USCIS is not yet certain when it will conduct its computer-generated random selection process (lottery).   

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection for the 65,000 limit. 

For 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 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, and each case depends on a position’s own set of circumstances necessitating complex legal analysis. 

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 2017 H-1B visa quota (October 1, 2016 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, 2017 (October 1, 2017 employment start-date or later) for the Fiscal Year 2018 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, 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; 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.

All Rights Reserved

More News

• Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Rising Demand on H-1B Visa Numbers is a Sign of Strong U.S. Economy
• 32,500 H-1B Regular Cap Work Visas, and 13,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 4, 2012)
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap
• Immigration Will Begin Returning H-1B Cap Cases Not Selected in the Lottery System. What Can You Do if You Have Not Heard About Your H-1B Cap Petitions?

New PERM Labor Certification Update:  Supervised Recruitment

In the recent months, the U.S. Department of Labor (DOL) has indicated it will expand its use of DOL-supervised recruitment in the PERM permanent labor certification program as a PERM system “integrity” measure.  PERM is DOL labor certification program and stands for Program Electronic Review Management.

DOL-supervised recruitment is different and separate from PERM audits.   There are two types of supervised recruitment: (a) directed supervised recruitment, and (b) converted supervised recruitment.

Under directed supervised recruitment, no recruitment is done prior to filing the PERM application and will be done per DOL instructions after PERM filing with the DOL.

Converted supervised recruitment, an increased in frequency, is initiated when a

“Notification of Supervised Recruitment” is sent by the DOL.

May 29, 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

• Familiar Relationship Between Foreign National and Employer for PERM Permanent Labor/Employment Certification (BALCA)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• P Work Visas Performing Artists and Entertainers
• N-400 Naturalization or Citizenship Oath Ceremonies
• Employment-Based ( EB ) Immigrant Visa Numbers for June 2012
• Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Green Cards: Improving Processing Time & Immigration Strategies

42,000 H-1B Regular Cap Work Visas, and 16,000 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 18, 2012)

What is 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 18, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 42,000 H-1B Regular Cap, and 16,000 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.

May 24, 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 a legal or any advice, or an attorney-client relationship.

More News

• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• 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
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

New Online Filing Immigration System USCIS ELIS

U.S. Citizenship and Immigration Services (USCIS) is moving toward green (environmental) modernization.  On May 22, 2012, USCIS will launch a new online immigration system to streamline the filing processes of certain immigration benefits.  The new online immigration system is known as USCIS Electronic Immigration System (USCIS ELIS) and will be released in phases.  Initially, certain applicants will be able to conduct online filing of Form I-539, Application to Extend/Change Nonimmigrant Status.  Additional types of online filings of immigration benefits will be gradually introduced into USCIS ELIS, with improvements to the systems functionality.  Eventually, USCIS ELIS will enable online filings for all immigration benefits.  Optional paper filings may still be available.

May 19, 2012:  By Aik Wan Kok Fillali, Attorney at Law, 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 employers, and individuals and their families in green card and all work visa 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 a legal or any advice, or an attorney-client relationship

More News

• New USCIS ELIS Online Filing Immigration System is Launched Today for Foreign Nationals Visiting USA Temporarily for Business and Pleasure (May 22, 2012)
• New PERM Labor Certification Update: Supervised Recruitment
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• N-400 Naturalization or Citizenship Oath Ceremonies
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• H-1B Visa Cap for FY 2014 Has Been Reached
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• CBP Travel Tips for Summer, Busiest Travel Season in USA

36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)

What is 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 11, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 36,700 H-1B Regular Cap, and 14,800 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 self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.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 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 a legal advice or an attorney-client relationship.

More News

• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• 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)

P Work Visas Performing Artists and Entertainers

On May 15, 2012, the U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of P nonimmigrant petitions for performing artists and entertainers.  Precedent decisions are administrative decisions that are legally binding on the U.S. Department of Homeland Security’s branches responsible for enforcing immigration laws in all proceedings involving the same issue.

“Culturally unique” requires USCIS to make factual determination on a case-by-case basis, and the style of art or entertainment may include artistic expression of a hybrid/fusion of more than one culture or region and is not limited to traditional art forms.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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

We represent employers, and individuals and their families in green card and all work visa 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 a legal advice or an attorney-client relationship.

More News

• New PERM Labor Certification Update: Supervised Recruitment
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Green Cards: Improving Processing Time & Immigration Strategies
• 42,000 H-1B Regular Cap Work Visas, and 16,000 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 18, 2012)
• Familiar Relationship Between Foreign National and Employer for PERM Permanent Labor/Employment Certification (BALCA)
• N-400 Naturalization or Citizenship Oath Ceremonies
• Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

N-400 Naturalization or Citizenship Oath Ceremonies

The district office Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) located in Fairfax, Virginia, has several large Oath Ceremonies scheduled in the coming months of May and June 2012.  There was already an 800-person swearing in ceremony scheduled for Wednesday April 25, 2012 at George Mason University.  USCIS in Fairfax, Virginia, will schedule several additional large oath ceremonies off-site.  In the next months, on-site same-day ceremonies may still be held for those applicants who are back in the office, by appointment, for a re-exam or Request of Further Evidence.  Depending on circumstances, on-site ceremonies for Saturday interviews (N400s only) will also be conducted through the summer months.

By Aik Wan Kok, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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

We represent employers, and individuals and their families in green card and all work visa 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 a legal advice or an attorney-client relationship.

More News

• New PERM Labor Certification Update: Supervised Recruitment
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 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)
• New Online Filing Immigration System USCIS ELIS
• P Work Visas Performing Artists and Entertainers
• F-1 Student Optional Practical Training (OPT) and Expanded STEM degrees
• Employment-Based ( EB ) Immigrant Visa Numbers for June 2012
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

Processing time for employment-based lawful permanent residence (green card) preference category cases (EB cases) are tied to immigrant visa number availability.  Immigrant visa numbers can retrogress (take much longer than the government’s previously estimated processing time).  The wait time for an immigrant visa number for an employment-based case is determined by a case’s priority date, the employment-based preference category (EB category) and the foreign national beneficiary’s country of birth (not nationality).  A priority date is the date of filing a case (such as the date of filing a PERM or an I-140 Immigrant Petition).  The types of EB cases include extraordinary ability, outstanding professor and researcher, multinational executive and manager, exceptional ability, national interest waiver, PERM labor certification, and others.

On May 8, 2012, the U.S. Department of States issued the latest summary of immigrant visa number availability in its Visa Bulletin June 2012.   In June 2012, immigrant visa numbers are available for employment-based green card preference category 2 for foreign nationals of all country of birth other than India or China (no visa numbers available for China or India).   The cut-off priority dates for EB preference category 3 is August 8, 2005 (China), September 15, 2002 (India), May 22, 2006 (Philippines), and June 8, 2006 (Mexico and all other country of birth).

For more information on the immigrant visa number (especially June 2012), please visit the immigrant visa bulletin website of U.S. Department of States at

http://www.travel.state.gov/visa/bulletin/bulletin_5712.html .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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

We represent employers, and individuals and their families in green card and all work visa 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 a legal advice or an attorney-client relationship.

More News

• Immigrant Visa Number Retrogressed to January 2009 for EB-2 Worldwide, Philippines and Mexico, & Unavailable for China and India
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• New PERM Labor Certification Update: Supervised Recruitment
• Job Creation Via Part of Comprehensive Immigration Reform
• 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
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013

Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States

President Obama and the White House have taken important initiatives to make the United States of America as the top tourist destination in the world as a way to create jobs and strengthen the U.S. economy, given that the U.S. travel and tourism industry is a substantial component of U.S. GDP, exports, and employment.  On January 19th, 2012, President Obama signed an Executive Order and announced new administrative initiatives to significantly increase travel and tourism in and to USA.

Travel and tourism in and to USA promotion efforts have already begun in Canada, Japan, and the United Kingdom, and are planned for South Korea and Brazil later this year.

As an effort to promote and facilitate traveling to USA, considerations are underway to improve various immigration options such as:

1. The Visa Waiver Program (VWP):  strengthening and expanding VWP eligibility to nations with low visa refusal rates and rapidly growing economies, as consistent with national security requirements.
2. Shortening Visa Interview Wait Times:  Internationally, wait times for visa interviews are generally short, and have dropped dramatically even for travel markets where demand for visas is highest. For example, the wait time for an appointment at U.S. consulates in China; and Brazilian cities of Brasilia, Recife, and Rio de Janeiro, is currently less than a week; and 30 days or less for São Paulo, Brazil.  The U.S. Department of State is adding staff and streamlining its operations to continue keeping a low wait time for visa interview.
3. Streamlining the Visa Process:  In an effort to streamline visa processing to free up more interview slots for first-time applicants and allow consular officers to more effectively spend their time evaluating higher-risk visa applicants, a new pilot program is now underway at the U.S. Department of State for Consular offices.  In this pilot program, Consular officers may waive in-person interviews for certain low-risk, qualified individuals, such as those renewing their visas within 48 months of the expiration of their previous visas, and Brazilian applicants below the age of 16 and age 66 and older. Waiver of in-person interview is at the consular officers’ discretion, and consular officers retain the authority to interview any applicant in any category if security or other concerns are present.
4. Increasing Consular Staffing and Implementing Innovative Hiring Programs:  In its efforts to offer visa services in a timely manner and with low wait time, the U.S. Department of State is doubling the number of diplomats performing consular work in China and Brazil over the next year; and the first group of newly hired consular adjudicators, who already speak Portuguese or Mandarin, have already recently arrived at U.S. consulates in Brazil and China.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.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 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 a legal advice or an attorney-client relationship.

More News

• U.S. Embassy in Paris, France: Changes to Nonimmigrant Visa Application Procedures
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• Employment-Based ( EB ) Immigrant Visa Numbers for June 2012
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• New I-9 Employment Eligibility Verification Procedures
• 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

32,500 H-1B Regular Cap Work Visas, and 13,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 4, 2012)

What is 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 4, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 32,500 H-1B Regular Cap, and 13,700 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 self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.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 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 a legal advice or an attorney-client relationship.

More News

• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• USCIS Reaches 2017 H-1B Visa Cap/Quota
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 13,100 H-1B Cap Work Visas Have Been Received for FY2012 (May 26, 2011)
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)