Articles Posted in H-1B Cap

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 8/20/13 with processing dates as of 6/30/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 8/2/13 with processing dates as of 5/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/21/13 with processing dates as of 3/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

U.S. Citizenship and Immigration Services (USCIS) has started the data entry of H-1B petitions selected during the April 7th random lottery. On April 12, 2013, Donald Neufeld, USCIS Associate Director of the Service Center Operations told the American Immigration Lawyers Association (AILA) that data entry for premium processing will be completed first, and then non-premium H-1B petition data entry will be started. All data entry should be completed sometime in May. Receipt notices for premium processing cases should be sent out first, then non-premium receipt notices and then finally the rejection notices for petitions not selected in the random lottery.

Remember, non-premium processing cases can only be converted to premium processing after a receipt notice has been issued.

Source of Information:

Now that all of the new H-1B visas for the 2014 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?

Here are some creative solutions to this problem:

OPT – STEM Extension

For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.

On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

Filing an H-1B petition requesting premium processing will not increase the chances of obtaining an H-1B under the quota. If you request premium processing and the case is accepted for processing, the 15 day premium processing window will start on April 15, 2013, according to the USCIS press release issued 3/15/2013. Please note that one perceived benefit of filing a cap subject H-1B petition with a request for premium processing is that a receipt notice may be issued faster than if filed under regular processing. Therefore, the petitioner and beneficiary may confirm sooner that the petition has been chosen in the lottery.

Source of Information: AILA.org web site

View the links below for more detail on the subject:

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2013. Although cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improving and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2013 was reached by June 11, 2012!

MVP Immigration Blog (1/8/13) Post:

U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 15th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

The cap (the numerical limitation on H-1B petitions) for FY 2014 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

USCIS stated that it is possible that the H-1B cap will be met in the first 5 business days! Also be advised that premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the USCIS’s Premium Processing section for more details.

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