H1B Visa Lawyer BlogINFORMATION SOURCE – USCIS
USCIS Reaches FY 2015 H-1B Cap
Release Date: April 10, 2014
Articles Posted in H-1B Visa
H-1B Cap (FY 2015) has been reached!
U.S. Citizenship and Immigration Services (USCIS) have announced that they reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2015 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 stated that they must first finish the initial intake before conducting the random selection process. The date of the selection process has not been set due to the high number of petitions received! USCIS will reject and return filing fees for all cap-subject petitions that are not selected.
USCIS will conduct the advanced degree exemption random selection process first. Any advanced degree petitions not selected will then become part of the random selection process for the 65,000 limit.
On April 1, 2014, USCIS started accepting H-1B Petitions for FY2015
U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 25th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2015 cap on Tuesday, April 1, 2014. 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 by April 28, 2014. See the USCIS’s Premium Processing section for more details.
Will premium processing increase the chances of making the FY2015 H-1B quota?
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 no later than April 28, 2014, according to the USCIS news alert issued 3/25/2014. Please note that one seeming 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:
USCIS.gov (3/25/14) News Release:
The U.S. Department of Labor (DOL) updated FY2014 Statistics (First Quarter)
The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (first quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (first quarter) cover October 2013 through December 2013.
The link to each program factsheet is listed below:
• Permanent Labor Certification Program – Select Statistics, FY 2014 (first quarter)
The U.S. Department of Labor (DOL) updated FY2013 Statistics
The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2013 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2013 statistics cover October 2012 through September 2013.
The link to each program factsheet is listed below:
• Permanent Labor Certification Program – Select Statistics, FY 2013
Updated Service Center Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/18/13 with processing dates as of 9/30/13.
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.
Updated Service Center Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 10/16/13 with processing dates as of 8/31/13.
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.
USCIS Message: Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions
From the USCIS Public Engagement Division:
If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.
For more information, please visit www.uscis.gov.
What Happens If the Government Shuts Down? – Updated 9/30/13
The American Immigration Lawyers Association (AILA) has requested information from the federal government agencies involved in the immigration system for updates on their contingency plans in case of a government shutdown. A possible government shutdown could happen as early as October 1, 2013, the beginning of the new fiscal year 2014 (FY2014). AILA has reported that they have not received any updated information at this time. They suggested reviewing the shutdown plans for the last threatened federal government shutdown, which was in 2011.
Below is an excerpt from MVP Law Group’s original blog post on the subject dated (4/8/11).
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