The Department of State has released its latest Visa Bulletin.
Click here to view the May 2013 Visa Bulletin.
The May 2013 Visa Bulletin shows employment based second preference (EB-2) and employment based third preference (EB-3) as both being oversubscribed. EB-2 is current for all chargeability areas except those listed.
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Question #1 – H-1B Nonimmigrant Work Visa
I just heard the H-1B cap has been reached and they are doing a lottery. How does the H-1B Lottery work?
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
Naturalization is the process by which U.S. citizenship is granted to foreign citizens or nationals after fulfilling the requirements established by Congress in the Immigration and Nationality Act (INA). After naturalization, foreign-born citizens enjoy nearly all the same benefits, rights and responsibilities that the Constitution gives to native-born U.S. citizens, including the right to vote.
The Office of Immigration Statistics Annual Flow Report presents information on the number and characteristics of foreign nationals aged 18 years and over who were naturalized during FY 2012.
The Department of Homeland Security (DHS) report states that in FY2012 a total of 757,434 persons were naturalized. The leading countries of birth of new naturalized citizens were Mexico (102,181), the Philippines (44,958), India (42,928), the Dominican Republic (33,351), and China (31,868). The largest number of persons naturalized lived in the states of California (158,850), Florida (100,890), and New York (93,584). Read the report linked here for more details, “U.S. Naturalizations: 2012“.
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.
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Our next “Q & A Forum” will take place this Friday, April 12, 2013. Act now and submit your questions!
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.
“Unless you are one of the first Americans, unless you are a Native American, you came from someplace else. That’s why we’ve always defined ourselves as a nation of immigrants. And we’ve always been better off for it.”
– President Obama
President Obama and his staff are looking for stories of why individual Americans are supporting Immigration Reform. The White House web site has added a new web page to collect these stories. They plan to use them in their push for immigration reform, which the President stated is a top priority! Your story could help reform immigration in this country! Use the link below to post your story; you can even include a photo.
A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. They may also join certain branches of the Armed Forces and may apply to become U.S. citizens if they meet certain eligibility requirements.
The Office of Immigration Statistics Annual Flow Report presents information obtained from applications for LPR status on the number and characteristics of persons who became LPRs in the United States during 2012.
The Department of Homeland Security (DHS) report states that in FY2012 a total of 1,031,631 persons became LPRs. The report points out that nearly (66%) of the LPRs granted permanent resident status were based on a family relationship with a U.S. citizen or legal permanent resident. The three leading countries of birth for new LPRs were Mexico (14%), China (7.9%) and India (6.4%). Read the report linked here for more details, “U.S. Legal Permanent Residents: 2012“.
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 4/1/13 with processing dates as of 1/31/13.
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.
H1B Visa Lawyer Blog