Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension

There will be processing delays for H-1B petitions that are lucky enough to be selected in the lottery system for Fiscal Year (FY) 2019. This is because effective April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will be suspending premium processing, temporarily, for FY 2019 H-1B Petitions that are subject to visa cap. Foreign nationals waiting for H-1B lottery results will still need to maintain or extend their immigration status. They may also consider additional immigration application(s) as back-up, if eligible.

For more information, please visit https://immigrationresource.net/uscis-suspends-premium-processing-service-for-h-1b-petition-fy2019-visa-cap/ .

March 20, 2018

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 & info at tiyaimmigration dot com; International: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law in the U.S. and internationally in diverse immigration cases:  extraordinary ability (EB-1A, EB-1B, EB-1C); national interest waiver NIW; PERM; I-130 for families; I-140 for employment Green Card; I-485 to adjust status; I-765 work permit; I-131 for international travel and returning to the U.S; I-601/I-601A extreme hardship waivers; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional workers and other H cases; ; L executive, manager and specialized knowledge professionals transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS and U.S. Department of Labor DOL; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

More News

• Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019
• Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants
• Immigration News: USCIS & FAM New Policy for Sibling DNA Testing
• USCIS Met FY 2019 H-1B Cap
• Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered
• No More DACA Deal? TN For Mexico in Crisis!
• 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)

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

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.

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 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
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• 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)

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

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)

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

On November 23, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B petitions to meet the 65,000 statutory H-1B cap. Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date (October 1, 2011 or later) in Fiscal Year 2012 (FY 2012). Any petitions arrived on November 23, 2011 or after will be rejected. The USCIS will begin accepting H-1B cap petitions again on April 1, 2012 for employment start-date of October 1, 2012 or later.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree 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 duties and circumstances.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that were subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption for FY 2012. 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 were for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later), and as of November 23, 2011, the FY2012 visas quota (for October 1, 2011 start-date or later) for the 65,000 visa quota has already been closed on November 23, 2011. As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (for this year, it was November 23, 2011 – visa quota for FY 2012). The final receipt date is the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the 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 such as to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap. In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation. Potential H-1B candidates who have not made it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 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, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 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 PLC; Tel: 703-772-8224 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, national interest waiver and PERM labor certification.

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

• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 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)
• 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)
• 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
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)

13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011) 

As of June 1, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 13,600 H-1B Regular Cap, and 9,300 H-1B Master’s Exemption.  

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S.  Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree 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 duties.

On April 1, 2011, 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 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later).   The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window had been undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, 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 USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked. 

Not all H-1B petitions are subject to the 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 can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap. 

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years).  Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation. 

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 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, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 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 PLC; Tel: 703-772-8224

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

• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• 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
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 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)