H1B Visa Lawyer BlogINFORMATION SOURCE – USCIS
USCIS Reaches FY 2015 H-1B Cap
Release Date: April 10, 2014
MVP LAW GROUP – Immigration Q&A Forum, Friday, April 11, 2014
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Question #1 – H-1B Nonimmigrant Visa
Can your firm sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work; I have a BS in Computer Science
Visa Bulletin – May 2014
The Department of State has released its latest Visa Bulletin.
Click here to view the May 2014 Visa Bulletin
As projected by the U.S. Department of State, the May 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; movement in EB3 date for nationals from India at 10/1/03; movement in EB2 for Chinese Nationals at 4/15/09; EB3 for Chinese Nationals remains at 10/1/12; and EB3 for WW remains at 10/1/12; and the F2A category remains at 9/8/13,except Mexico at 4/15/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).
Alternatives to the H-1B Visa for Individuals who did not make the FY2015 H-1B Quota
Now that all of the new H-1B visas for the 2015 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
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.
MVP “Immigration Q & A Forum” – This Friday, April 11, 2014
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 11, 2014. Act now and submit your questions!
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:
H-2B Cap Count UPDATE – 3/28/14
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 the first half of FY 2014 (October 1 – March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.
The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (3/28/14); 13,741 beneficiaries have been approved and 5,108 are pending for a total of 18,849.
DACA Statistics – DACA Quarterly Report FY2014-Q1
The USCIS statistics on DACA cases for the first quarter of FY2014, from 10/1/13 to 12/31/13 show a total of 30,673 DACA requests accepted for processing, 28,679 biometric services appointments scheduled, 47,655 requests approved, and 4,777 requests have been denied.
This DACA Report includes data for FY2012, FY2013 and FY2014 (YTD). The USCIS statistics on DACA cases from 8/12/12 to 12/31/13 show a cumulative total of 610,694 DACA requests accepted for processing, 597,747 biometric services appointments scheduled, 521,815 requests approved, and 15,968 requests have been denied.
The cumulative data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 467,982 received to date and 403,302 approved. California was the top state of residence with 174,241 received to date and 153,571 approved.