H1B Visa Lawyer BlogThe U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Second Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.
Articles Posted in nonimmigrant visas
Alternatives to the H-1B Visa for Individuals who did not make the FY2014 H-1B Quota
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
FY 2014 H-1B Cap – Lottery Conducted 4/7/2013
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.
FY2014 – H1B CAP HAS BEEN REACHED
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.
H-1B cap opens April 1st
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:
H-2B Cap Count UPDATE – 3/15/2013
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
The H-2B cap limit for first half of FY 2013 (October 1 – March 31) is 33,000. As of the last count (3/15/2013); *41,820 beneficiaries have been approved and 679 are still pending for a total of *42,499.
The H-2B cap limit for the second half of FY 2013 (April 1 – September 30) is 33,000. As of the last count (3/15/2013); 12,314 beneficiaries have been approved and 3,864 are pending for a total of 16,178.
USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013
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.
Important Reminder – H-1B cap opens April 1st
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:
H1B CAP NEWS: USCIS Announcement Regarding Premium Processing for H-1B Cap-Subject Petitions
The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.
USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.
USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, during the time period that premium processing is unavailable – from April 1 to April 14, 2013. Petitioners may also upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.
Import Our Workers or Import Our Food
About 300 farmers gathered on Wednesday (2/27/13) in Raleigh, NC at the North Carolina State Legislative Building. They were there for a press conference and the release of the North Carolina Farm Bureau’s (NCFB) “North Carolina Agriculture Workforce Report – February 2013”. The NCFB conducted a farm labor survey of approximately 50,000 farms in North Carolina.
One major problem they found was that 61% of the farmers were having trouble finding workers to pick their crops and work their fields. The NCFB advocates an enhanced Guest Worker Program as part of overall U.S. Immigration Reform. The farmers are worried that the NC Legislature will make E-Verify mandatory for temporary farm workers without a reliable guest worker program in place. As of July 1, 2013 NC employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires. Seasonal temporary workers are exempt but NC farmers are worried this will soon change.
Doug Patterson, owner of Patterson Farm, Inc. which employees about 300 people stated, “We feel that if nothing is done in the next few years, we will reduce acreage or get out of the fruit and vegetable farming business altogether. North Carolina will have to decide to import our workers or import our food.” Patterson added, “If the state passes and implements a mandatory E-Verify system without a viable, affordable federal guest worker program in place, then many farmers will be forced to quit.”