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.

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• 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 Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases
• U.S. Work Visas and Options for Nurses

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

• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases
• H-1B Visa Cap for FY 2014 Has Been Reached
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• U.S. Work Visas and Options for Nurses
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)

 USCIS National Customer Service Center is Now Opening on Saturdays as Well 

The telephone services offered to the public by the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center with live agents is now also available on Saturdays from 9 a.m. to 5 p.m. in addition to Monday – Friday, 8 a.m. – 8 p.m., in each time zone.

NCSC numbers are: (a) 1 (800) 375-5283, (b) TTY number is: 1 (800) 767-1833, (c) Callers from outside the United States who have filed an application or petition with a USCIS Service Center, can call 785-330-1048 to check case status and there is no live assistance available at this number.

Customers can access automated information through a menu of automated options 24 hours a day, 7 days a week. Live assistance is available Monday through Friday as follows:

Customers calling from Alaska: 8:00 AM to 5:00 PM local time;
Customers calling from Hawaii: 8:00 AM to 4:00 PM local time;
Customers calling from Puerto Rico and the U.S. Virgin Islands: 9:00 AM to 6:00 PM local time;
Customers calling from anywhere else in the United States: 8:00 AM to 6:00 PM local time; and
In Guam, live assistance is available Tuesday through Saturday, 6:00 AM to 11:00 AM local time.

The best times to call the NCSC for personal assistance are Tuesday through Friday.

More News

• USCIS Expects to Accept Deferred Action Applications From Certain Young People on August 15, 2012!
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• 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
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

The BIA held that a K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 child reached the age of 18 is ineligible for adjustment of status because (s)he cannot qualify as the petitioner’s “stepchild.”  (Matter of Akram, 8/1/12)

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen).

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.  BIA decisions are binding on all U.S. Department of Homeland Security (DHS) officers and immigration judges unless modified or overruled by the Attorney General or a federal court.

More News

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• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• PERM Lawful Job-Related Rejection
• BIA on Qualifying Relative “Child” for Cancellation of Removal
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• 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

USCIS Expects to Accept Deferred Action Applications From Certain Young People on August 15, 2012!

U.S. Department of Homeland Security (DHS) announced today (08/03/2012) that on August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) is expecting to begin accepting deferred action applications from certain young people who were already brought to the United States as young children, and will make all forms, instructions, and additional information on the process available on August 15, 2012. Deferred action applications should not be filed to USCIS before August 15, 2012.

USCIS highlighted the following preliminary procedures:

• Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
• Requestors will use a form developed for this specific purpose.
• Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
• All requestors must provide biometrics and undergo background checks.
• Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
• The four USCIS Service Centers will review requests.

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012);
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND
5. Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

More News

• USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!
• Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)
• 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
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• USCIS National Customer Service Center is Now Opening on Saturdays as Well
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet

Washington Examiner Does Not Meet the Mandatory Print Ads Requirement for PERM Recruitment Process

In the Matter of Intercontinental Enterprises, 7/30/12, BALCA found that the Washington Examiner was not the newspaper of general circulation “most appropriate to the occupation and the workers likely to apply for the job opportunity” and does not meet the basic PERM recruitment process of, among other things, two mandatory print ads for a professional occupation.

BALCA stands for Board of Alien Labor Certification Appeals and is part of the U.S. Department of Labor (DOL). PERM is DOL labor certification program and stands for Program Electronic Review Management.  PERM is one of the initial stages of the employment-based green card process based on employer sponsorship.

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• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• New Executive Actions on U.S.A. Immigration
• USCIS National Customer Service Center is Now Opening on Saturdays as Well
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• USCIS Expects to Accept Deferred Action Applications From Certain Young People on August 15, 2012!

PERM Lawful Job-Related Rejection

In Matter of JP Morgan Chase & Co., 7/16/12, a PERM case on lawful rejection, where there is no finding of job requirements being unduly restrictive, BALCA found an employer may reject job applicants who do not meet the minimum requirements listed on PERM form ETA 9089 without interview.

More News

• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• 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
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• New PERM Labor Certification Update: Supervised Recruitment
• Job Creation Via Part of Comprehensive Immigration Reform

Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs

The United States Court of Appeals of the 7^th Circuit found that sponsor’s support obligation under form I-864 continues even if the divorced sponsored immigrant failed to mitigate damages by active job search.  Liu v. Mund, 7/12/12

July 26, 2012: 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

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.

More News

• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• PERM Lawful Job-Related Rejection
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• 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
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration