Office Closure For The Holidays (12-31-2011) [Top]

As has been our tradition, the office will be closed for the Holiday Season from December 23rd thru January 2nd. The office will re-open on January 3rd.
Happy Holidays!

Employment Based Immigrant Visa Numbers for January 2012 (12-12-2011) [Top]

On December 9, 2011, the U.S. State Department released the January 2012 Visa Bulletin which shows continued availability and movement forward for employment based visa categories. First Preference Employment for all countries and Second Preference Employment for the world except China and India visa numbers remain current. India and China Second Preference Employment cut off dates have progressed significantly from the cut off date of March 15, 2008 to January 1, 2009- a nine and a half month jump.

Third Preference Employment for the World, the Philippines and Mexico moves forward by two weeks from January 15, 2006 to February 1, 2006. China also moves five weeks from September 8, 2004 to October 15, 2004. Third Preference India moves only one week from August 1, 2002 to August 8, 2002.

USCIS Postpones New Electronic Filings (12-07-2011) [Top]

On December 2, 2011, USCIS announced that the scheduled release of the new Electronic Immigration System (ELIS), which would transform the agency into an electronic, online organization, was postponed. The delay is due to additional time needed to complete the testing of the system. USCIS did not provide any projection as to when the release will occur.

H-1B Cap Reached on 11-22-2011 (11-28-2011) [Top]

The H-1B cap was reached on November 22, 2011. Thus any H-1B visa petition subject to the cap and received by USCIS on or after November 23, 2011 will be rejected . The next opportunity to file H-1B cap subject petitions will be on 04-01-2012 with an effective date of 10-01-2012.
In the interim, non cap cases such as H-1B visa extensions and/or H-1B visa transfers will continue to be accepted by USCIS.

H-1B Cap May Be Reached Within A Matter Of Days (11-15-2011) [Top]

On 11-15-2011, USCIS released new H-1B cap data: as of the last count on 11-14-2011, USCIS had received 56,300 H-1B cap petitions against the 65,000 H-1B cap. However, USCIS must set aside 6,800 visas for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Thus only 58,200 H-1B cap numbers are available although this number should be increased by the unused H-1B1 Chilean/Singaporean not allocated in the previous fiscal year. Unfortunately, USCIS has not released data as to the number of unused H-1B1 numbers, so it is unclear how many H-1B cap petition s USCIS will accept. This being said, the H-1B cap will be reached in November.

1,600 H-1B Cap Cases Filed In One Week (11-07-2011) [Top]

Between October 28, 2011 and November 2, 2011, USCIS received approximately 1,600 petitions which were counted against the 65,000 regular cap; the total number of H-1B cap filings as of November 2, 2011 was 50,800. If fewer than 2,000 petitions are filed each week, the H-1B cap may not be reached until early January 2012.

New Location for U.S. Consulate General, Mumbai (11-07-2011) [Top]

The U.S. Consulate General Mumbai will relocate in mid November 2011 from the Lincoln House in Breach Candy and the American Center in Churchgate to its new facility in the Bandra Kurla Complex (BKC).

The number of interview windows for services to visa applicants and U.S. citizens will increase significantly from 13 to 44.

The Lincoln House will close its doors to the public on November 15, 2011 and reopen on November 21, 2011 at the new BKC location. The Consulate cannot provide visa services between November 15 and November 21, 2011.

Blanket L Visa Processing in India (11-01-2011) [Top]

As of December 1, 2011, the U.S. Consulate General in Chennai, India will have the sole jurisdiction to accept L-1 Blanket Visa Applications (Intra Company Transfers) for all of India.

All other visa processing procedures remain unchanged.

Spouse and children visas (L-2) and individual L-1 visas (L-1B and L-1A individuals) may be processed at all posts in India – Chennai, Hyderabad, Kolkata, Mumbai and New Delhi.

See http://hyderabad.usconsulate.gov/pr110112.html

New Medical Examination Form (Form I-693) (11-01-2011) [Top]

On November 1, 2011, USCIS introduced a new, more user friendly version of the form used to report results of medical examinations for those seeking immigration benefits. Civil surgeons completing medical examinations between November 1 and December 31, 2011, should use the new form with a revision date of 10/11/11. However, USCIS will continue to accept the previous version dated 7/20/10 for examinations completed between November 1 and December 31, 2011. Beginning January 1, 2012, civil surgeons must use the new version of the form. The form can be found on

(11-01-2011) [Top]

H-1B Cap May be Reached By Mid-December 2011 (11-01-2011) [Top]

Now that the H-1B Master's cap has been reached, all new H-1B cases (cap) will now be counted against the regular cap numbers. Between October 21, 2011 and October 28, 2011, USCIS received approximately 3,000 petitions which were counted against the 65,000 regular cap; the total number of H-1B cap filings as of October 28, 2011 was 49,200. If approximately 3,000 petitions are filed each week, the H-1B cap may be reached before the middle of December 2011.

H-1B Master's Cap Reached (10-25-2011) [Top]

The H-1B Master's cap has been reached based on information provided by USCIS dated October 21, 2011. H-1B Master's or higher cap cases will now be counted against the regular cap numbers. Between October 15, 2011 and October 21, 2011, USCIS received approximately 2,900 petitions which were counted against the 65,000 regular cap; the total number of H-1B cap filings as of October 21, 2011 was 46,200. Now that all H-1B cap cases will be counted against the regular cap - it may be expected that in excess of 3,00 petitions may be filed each week. If this number remains constant, the H-1B cap may be reached before the end of this calendar year.

Updates on USCIS Practices (10-24-2011) [Top]

On October 20, 2011, USCIS Director Mayorkas announced that USCIS has decided to postpone the issuance of the final rule relating to the registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. Thus, USCIS has abandoned its proposed rule that would have required advanced registration by U.S. employers to file H-1B cap petitions. Instead, USCIS will be achieving its objectives within the framework for the ongoing Transformation Initiative.

A year ago, USCIS initiated an internal system change that would alter where Receipt Notices (I-797) would be sent. Last month the change went into effect. However, this change had an unintended negative external impact. USCIS has now decided to return to its previous practice of sending the original notice to the attorney/accredited representative’s address listed on Form G-28. A courtesy copy will be sent to the address provided by the applicant or petitioner in the applicable form. This change will take effect in approximately six weeks due to the need to re-program the system.

H-1B Master's Cap Almost Reached (10-18-2011) [Top]

The H-1B Master's cap may be reached within the week. As of October 14, 2011, approximately 19,600 petitions had been filed against the 20,000 Master's or higher cap, about 500 petitions in one week. Between October 7, 2011 and October 14, 2011, USCIS received approximately 2,300 petitions against the 65,000 regular cap; the total number of H-1B cap filings as of October 14, 2011 was 43,300. The number of H-1B cap filings continues at about the same pace.

H-1B Master's Cap Almost Reached (10-12-2011) [Top]

As of October 7, 2011, the H-1B Master's cap has almost been reached. As of that date, 19,100 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 1,400 petitions in two weeks. Thus this cap may be reached before the end of October 2011. Between September 23, 2011 and October 7, 2011, USCIS received approximately 4,700 petitions against the 65,000 regular cap; the total number of H-1B cap filings as of October 7, 2011 was 41,000. During these two weeks, the number of H-1B cap filings has increased.

H-1B Cap Filings Continue At Same Pace (10-06-2011) [Top]

Finally on October 6, 2011, USCIS released data on H-1B cap filings. Between September 9, 2011 and September 23, 2011, USCIS received approximately 4,000 petitions against the 65,000 regular cap; the total number of H-1B cap filings as of September 23, 2011 was 36,300. Whereas, 17,700 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 1,000 petitions.

New USCIS Practice (10-05-2011) [Top]

Effective September 12, 2011, USCIS will send the original receipt and approval notices (I-797) directly to petitioners (employers) and applicants. Copies of the notices will be sent to attorneys or accredited representatives, if a Form G-28, Notice of Entry of Appearance as Attorney/Accredited Representative, is on file.

Previously, the original notice was sent to the attorney/accredited representative’s address listed on Form G-28, while a copy was sent to petitioner or applicant.

The objective of this decision is to ensure that the original receipt, decision, and documents are sent to the address specified by the party making the request.

Form I-129, Petition for a Nonimmigrant Worker, may be sent to attorney/accredited representative if the petitioner requests so by providing the attorney’s address as the mailing address. However, using the attorney’s address as the mailing address may cause processing delays related to the Validation Instrument for Business Enterprises (VIBE), as VIBE automatically uses the address provided on the petition to validate the petitioner’s current location. If a petitioner uses the attorney’s address as the mailing address on Form I-129, a cover letter should be included with the filing that clearly indicates the current address of the petitioner. This information should be used to assist the Immigration Services Officer (ISO) in completing a manual check in VIBE using the petitioner’s address. In addition, if the attorney’s address is used as the petitioner’s mailing address, the petitioner will not receive any I-797 notices.

For petitions filed through Premium Processing, petitioner or applicant may provide an alternate address for mailing of the original approval notice and I-94 by submitting a pre-paid, self addressed mailer.

Beware of Diversity Lottery Scams (10-05-2011) [Top]

Recently several clients of this law office requested an “assessment” of officially looking emails they received advising them that they won the Diversity Lottery.

Detailed information and instructions about the Diversity Lottery and how to apply are found at the Department of State’s website http://www.state.gov/ or more specifically at
http://travel.state.gov/visa/immigrants/types/types_1322.html.

There is no fee to apply for a Diversity Lottery through the Department of State’s website. The only method to apply is electronically, no paper submissions are available. The Department of State (U.S. government) does not send letters or emails to applicants purporting that they have won the lottery. The only way to check if you may have a winning number is to go to https://www.dvlottery.state.gov/ and check the status of your application by entering the information from the DV entry confirmation pages saved at the time of entry. If you did not save this information, you will not be able to access your status.

Employment Based Immigrant Visa Numbers for November 2011 (10-05-2011) [Top]

On October 5, 2011, the U.S. State Department released the November 2011 Visa Bulletin which shows continued availability and some movement forward for employment based visa categories. First Preference Employment for all countries and Second Preference Employment for the world except China and India visa numbers are current. India and China Second Preference Employment cut off dates have now progressed from the cut off date of July 15, 2007 to November 1, 2007 - a three and a half month jump.

Third Preference Employment for the World, the Philippines and Mexico moves forward by two weeks from December 8, 2005 to December 22, 2005. China also moves two weeks from August 8, 2004 to August 22, 2004. Third Preference India moves only one week from July 15, 2002 to July 22, 2002.

USCIS to Continue Accepting Employment Based Adjustment Cases (09-19-2011) [Top]

The Department of State (DOS) advised that all employment based (EB) immigrant visas have been distributed for the fiscal year 2011, which ends on September 30, 2011. However, USCIS will continue accepting adjustment of status applications based on the September visa bulletin through the entire month of September.

Every fiscal year (October 1 – September 30th), at least 140,000 employment-based immigrant visas are made available to qualified applicants who seek to immigrate based on an offer of employment to the principal applicant.

Department of State (DOS) Announces Exhaustion of Employment Based Visa Numbers (09-15-2011) [Top]

DOS announced that effective September 15, 2011, the Fiscal Year 2011 (ending September 30, 2011) employment based annual visa limit has been reached.

No employment based adjustment applications (I-485s) should be adjudicated until October 1, 2011 (Fiscal Year 2012) due to the lack of visa number availability at this time.

Prevailing Wage Determination Status (09-15-2011) [Top]

Department of Labor (DOL) is working through its backlog of Prevailing Wage (PW) requests, which have been filed in support of PERM Applications.

This office received on September 15, 2011 a PW Determination for a request submitted to DOL on June 23, 2011.

Diversity Visa Lottery Scams (09-15-2011) [Top]

Beware that only the U.S. Department of State (http://www.state.gov; http://travel.state.gov/visa) is authorized to issue immigrant visas to winners of the Diversity Lottery.

There has been an increase in fraudulent emails sent to Diversity Immigrant Visa Applicants with an attempt to extract a payment. Please visit the Department of State site for more information:
http://travel.state.gov/visa/immigrants/types/types_1749.html

2013 Diversity Immigrant Visa Program (DV-2013) (09-14-2011) [Top]

The Diversity Immigrant Visa Program is administered on an annual basis by the Department of State (DOS) and is conducted based on the United States law which provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For fiscal year 2013 (October 1, 2012 to September 30, 2013), 50,000 diversity visas will be made available.

For DV-2013, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

For DV-2013 selection, natives of South Sudan and Poland are now eligible for selection, while Bangladesh natives are now ineligible.

Entries for the DV-2013 lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and noon Eastern Daylight Time (EDT) (GMT-4), Saturday, November 5, 2011. Applicants may access the electronic DV Entry Form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be processed.

Number of H-1B Cap Filings Decrease Slightly (09-14-2011) [Top]

Between August 26, 2011 and September 9, 2011, USCIS received approximately 3,200 petitions against the 65,000 regular cap; this is about a 20% decrease compared to the previous two weeks of August 2011. The total number of H-1B cap filings as of September 9, 2011 was 32,200. Whereas, 16,700 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 900 petitions, approximately a 20% decrease compared to the first two weeks of August 2011.

Prevailing Wage Update of 09-09-2011 from DOL (09-13-2011) [Top]

DOL advised that a team of employees from Washington, DC and Chicago has been assembled to work on the backlog of PERM prevailing wage determinations. The team is working on this backlog on a FIFO (First In First Out) basis. The team is currently processing prevailing wage requests received in early June 2011.

Prevailing wage requests that remain pending beyond the current date may be delayed due to complicated issues such as use of an alternative wage survey and specific geographic location. Right now, all prevailing wage requests are deemed to be “backlogged”.

DOL commits to have PERM prevailing wage requests current (processed within 60 days of filing) by November 1, 2011.

DOL commits to have H-1B prevailing wage determinations current by the second week of November 1, 2011.

U.S. Consulate General, Mumbai Resumes H & L Visa Processing (09-13-2011) [Top]

The U.S. Consulate General, Mumbai announced the resumption of interviews in Mumbai for H and L visas.

The Consulate opened the appointment schedule on August 26, 2011; the first interview appointments became available on September 6, 2011. All interviews will be conducted at the Lincoln House Consulate building, located at 78, Bhulabhai Desai Road, until further notice.

Please visit VFS, The Consulate’s visa scheduling partner, at http://vfs-usa.co.in/ApplnForms/ScheduleMenu.aspx to make your a appointment on-line.

Employment Based Immigrant Visa Numbers for October 2011 (09-12-2011) [Top]

The new fiscal year for the government will begin on October 1, 2011. With this new fiscal year, the October 2011 Visa Bulletin released by the U.S. State Department shows continued availability and some movement forward for employment based visa categories. First Preference Employment for all countries and Second Preference Employment for the world except China and India visa numbers are current. India and China Second Preference Employment cut off dates have now progressed from the cut off date of April 15, 2007 to July 15, 2007 - a three month jump.

Third Preference Employment for the World, the Philippines and Mexico moves forward by two weeks from November 22, 2005 to December 8, 2005. China moves three weeks from July 15, 2004 to August 8, 2004. Third Preference India moves only one week from July 8, 2002 to July 15, 2002.

Number of H-1B Cap Cases Filings Increase (08-31-2011) [Top]

Between August 13, 2011 and August 26, 2011, USCIS received approximately 3,700 petitions against the 65,000 regular cap; this is almost a 50% increase compared to the first two weeks of August 2011. The total number of H-1B cap filings as of August 26, 2011 was 29,000. Whereas, 15,800 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 1,100 petitions, approximately a 20% increase compared to the first two weeks of August 2011.

Diversity Visa Lottery 2012 (DV-2012) Results (08-18-2011) [Top]

The Kentucky Consular Center has notified the winners of the DV-2012 lottery. The lottery makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the Unites States. Approximately 100,021 applicants have been registered and notified. The U.S. Department of State’s Visa Bulletin indicates whom of these 100,021 applicants may apply for an immigrant visa. More than 50,000 persons are selected since not all “winners” who are initially registered will pursue their visas/permanent residency.

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivative applicants) received during the 30-day application period that ran from noon on October 5, 2010 until noon on November 3, 2010. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.

Once the total 50,000 visa numbers have been used, the program for fiscal year 2012 will end. Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit form their DV-2012 registration.

Only applicants in the DV-2012 program who were selected for further processing have been notified. Those who have not received notification were not selected.

Below are listed the regions/countries which received the highest numbers of visas (this is not a compete list):

AFRICA
Nigeria 6,024
Ethiopia 4,902
Congo, Democratic Republic 3,445

ASIA
Iran 4,453
Nepal 3,258
Bangladesh 2,373

EUROPE
Ukraine 5,799
Uzbekistan 4,800
Turkey 3,077


NORTH AMERICA
The Bahamas 15

OCEANIA
Australia 900
Fiji 628
New Zealand 309

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
Venezuela 925
Cuba 292
Trinidad and Tobago 175

H-1B Cap Filings Increase (08-16-2011) [Top]

During the first two weeks of August 2011, USCIS received approximately 2,600 petitions against the 65,000 regular cap. The total number of H-1B cap filings as of August 12, 2011 was 25,300. Whereas, 14,700 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 900 petitions in the first two weeks of August 2011.

Prevailing Wage Determinations Update as 08-11-2011 (08-16-2011) [Top]

As of August 11, 2011, requests for Prevailing Wage (PW) Determinations, Requests for Reconsideration or Appeals to the Center Director at the Department of Labor (DOL) are on hold. DOL is currently working on re-issuing H-2B wage determinations to reflect the new H-2B wage rates that will apply for H-2B employment on or after September 30, 2011.

DOL has not issued any estimate when processing of the Prevailing Wage Determinations will resume. DOL confirmed that they will not expedite cases, applications are handled on a first-in, first-out basis.

Prevailing Wage (PW) Processing Delays (08-09-2011) [Top]

It appears that the Department of Labor (DOL) has recently suspended the processing of Prevailing Wage (PW) Determinations for all cases except for H-2Bs. This is done in an effort to comply with the new H-2B regulations published on August 1, 2011. DOL is allocating its resources to manually process the 4,000 supplemental Prevailing Wage Determinations for H-2B cases.

It is not clear at this time if DOL will only issue H-2B re-determinations until they have cleared them. However, it appears that the Prevailing Wage Determinations for PERM and H-1B applications will not be issued in the near term.

Employment Based Immigrant Visa Numbers for September 2011 (08-09-2011) [Top]

The September 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. The extra 12,000 visa numbers made available to the Second Preference Employment visa category are being exhausted so that India and China Second Preference Employment cut off dates, although still available, have not progressed from the cut off date established in August of April 15, 2007.

Third Preference Employment for the World, the Philippines and Mexico moves forward by three weeks from November 1,2005 to November 22, 2005. China moves only one week from July 8, 2004 to July 15, 2004. Third Preference India moves five weeks from June 1, 2002 to July 8, 2002.

Update on H-1B Cap Filings in July 2011 (08-08-2011) [Top]

During the month of July 2011, USCIS received approximately 4,300 petitions against the 65,000 regular cap. This number is a decrease of 1,000 filings compared to the month of June 2011. Total number of H-1B cap filings as of July 29, 2011 was 22,700. Whereas, 13,800 petitions have now been filed against the 20,000 Master's or higher cap. During the month of July 2011 only 1,400 Master's or higher degree petitions were filed compared to 2,700 in June and 2,400 in May. Approximately 13,800 Master's or higher cap petitions were filed as of July 29, 2011.

FIRST PREFERENCE EMPLOYMENT IMMIGRANT VISA PETITIONS (07-28-2011) [Top]

USCIS has recently released data pertaining to the processing of First Preference Employment Immigrant Visa Petitions including Extraordinary Ability (E-11), Outstanding Researcher (E-12) and Multinational Executive or Manager (E-13) for the Nebraska and Texas Service Centers.

During the fiscal year of 2010 (October 1, 2009 to September 30, 2010), the Nebraska Service Center issued Requests for Evidence (RFEs) for 992 E-11 petitions out of 1,008 petitions filed. For E-12 petitions, 541 RFEs were issued on 1,015 petitions filed. Whereas for E-13 petitions, 1470 RFEs were issued for 2,443 petitions filed.

During the fiscal year of 2011 (October 1, 2010 to July 19, 2011) the Nebraska Service Center provided the following statistics:

E-11 – 840 petitions filed vs. 415 petitions receiving RFEs;
E-12 – 715 petitions filed vs. 226 petitions receiving RFEs; and
E-13 – 2,256 petitions filed vs. 831 petitions receiving RFEs.

On average, during the past two year period, 50% of all petitions were issued RFEs, while approximately 80% of the petitions were approved.

During fiscal year 2010, the Texas Service Center received 4406 E-11 petitions, out of which 1,791 were issued RFEs. Out of 2492 E-12 petitions filed, 438 received RFEs and out of 5530 E-13 petitions filed, 1,120 received RFEs.

During fiscal year 2011, the Texas Service Center statistics are as follows:

E-11 – 3,237 petitions filed vs. 1,411 petitions receiving RFEs;
E-12 – 1,856 petitions filed vs. 458 petitions receiving RFEs; and
E-13 – 4,888 petitions filed vs. 1,059 petitions receiving RFEs.

On average, during this two year period, approximately 25% of petitions were issued RFEs and 70% of the petitions were approved.

H-1B Cap Filings Decrease (07-26-2011) [Top]

As of July 22, 2011, USCIS had received a total of 21,600 petitions against the 65,000 regular cap. This is an increase of 800 filings during the past one week. Whereas 13,300 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 500 petitions. The number of cap filings during the past one week has dropped - the number of filings does not remain constant.

Employment Based Immigrant Visa Numbers for August 2011 (07-12-2011) [Top]

The August 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Due to the extra 12,000 visa numbers being made available to the Second Preference Employment visa category, India and China Second Preference Employment cut off dates continue to progress; for August the numbers have progressed by five weeks to April 15, 2007.
Third Preference Employment for the World and the Philippines moves forward by three weeks from October 8,2005 to November 1,2005; while Mexico progresses also to November 1,2005. China moves only one week from July 1, 2004 to July 8, 2004. Third Preference India moves one month from May 1, 2002 to June 1, 2002.

Three Months of H-1B Cap Filings (07-11-2011) [Top]

During the past three months, USCIS has received a total of 18,400 petitions against the 65,000 regular cap. During the month of June approximately 5,300 filings were received compared to 3,900 in the month of May 2011. Whereas 2,700 Master's or higher cap petitions were received in June 2011 compared to 2,400 petitions during the month of May 2011. The total number of petitions filed against the 20,000 Master's or higher cap is 11,900.

Update on H-1B Cap Filings (06-29-2011) [Top]

As of June 24, 2011, USCIS had received a total of 17,400 petitions against the 65,000 regular cap. This is an increase of 1,100 filings since the last count of about one week ago, when the number of petitions received totaled 16,300. Whereas 11,300 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 500 petitions.

H-1B Cap Cases Continue To Be Filed At Same Pace (06-21-2011) [Top]

As of June 17, 2011, USCIS had received a total of 16,300 petitions against the 65,000 regular cap. This is an increase of 1,100 filings since the last count of about one week ago, when the number of petitions received totaled 15,200. Whereas 10,800 petitions have now been filed against the 20,000 Master's or higher cap, an increase of 600 petitions.

H-1B Cap Filings Continue With No Spike (06-15-2011) [Top]

Approximately 2.5 months have passed since H-1B cap cases have been filed for a start date of October 1, 2011. In those 2.5 months, USCIS has received a total of 15,200 petitions against the 65,000 regular cap; whereas 10,200 petitions have been filed against the 20,000 Master's or higher cap.

Employment Based Immigrant Visa Numbers for July 2011 (06-09-2011) [Top]

The July 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Due to the extra 12,000 visa numbers being made available to the Second Preference Employment visa category, India and China Second Preference Employment cut off dates have progressed to March 8, 2007; this is almost a five month jump forward from October 15, 2006.


Third Preference Employment for the World and the Philippines moves forward by three weeks from September 15, 2005 to October 8,2005; while Mexico progresses to July 1, 2005 and China moves six weeks from May 15, 2004 to July 1, 2004. Third Preference India moves eight days from April 22, 2002 to May 1, 2002.

Pace of H-1B Cap Filings Slows (06-06-2011) [Top]

As of June 1, 2011, USCIS had received a total of 13,600 petitions against the 65,000 regular cap. Whereas 9,300 petitions were filed against the 20,000 Master's or higher cap.

Number of H-1B Cap Cases Filed By End of May 2011 (05-31-2011) [Top]

During the month of May 2011, USCIS received approximately 3,900 H-1B regular cap subject petitions, about 40% of the number of petitions received in April 2011. Thus, as of May 26, 2011 (the last count), USCIS had received a total of 13,100 petitions against the 65,000 regular cap. Within the same time frame, 2,400 petitions were filed against the 20,000 Master's or higher cap, about 36% of the number of petitions received in April 2011. The total number of petitions received against the 20,000 cap as of May 26, 2011 was 9,200.

H-1B Cap Filings Continue At Same Pace (05-23-2011) [Top]

During the third week of May, USCIS received 1,100 H-1B cap subject petitions, thus 12,300 petitions have been filed against the 65,000 numbers available. Within the same time frame, 600 petitions were filed against the 20,000 Master's or higher cap, so that the total number of petitions received to date is 8,500. The number of petitions filed each week against the 65,000 cap is approximately 800 to 1,100 while against the 20,000 cap approximately 600 to 800. If the filings continue at this pace, the Master's cap could be reached by the fall, whereas the H-1B regular cap numbers should remain available until at least the end of this calendar year.

Number of H-1B Cap Filings Remains Constant (05-19-2011) [Top]

During the second week of May, USCIS received 1,000 H-1B cap subject petitions, thus 11,200 petitions have been filed against the 65,000 numbers available. Within the same time frame, 600 petitions were filed against the 20,000 Master's or higher cap, so that the total number of petitions received to date is 7,900. The number of petitions filed each week against the 65,000 cap is approximately 800 to 1,000 while against the 20,000 cap approximately 600 to 800. If the filings continue at this pace, the Master's cap could be reached by the fall, whereas the H-1B regular cap numbers should remain available until at least the end of this calendar year .

Employment Based Immigrant Visa Numbers for June 2011 (05-12-2011) [Top]

The June 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Due to the extra 12,000 visa numbers being made available to the Second Preference Employment visa category, India and China Second Preference Employment cut off dates have progressed to October 15, 2006; for India this is more than a three month jump forward from July 1, 2006 and for China a two and a half month progression from August 1, 2006.

Third Preference Employment for the World and the Philippines moves forward by three weeks from August 22, 2005 to September 5, 2005; while Mexico progresses to December 22, 2004 and China moves one month from April 15, 2004 to May 15, 2004. Third Preference India moves one week from April 15, 2002 to April 22, 2002.

Update on H-1B Cap Filings (05-11-2011) [Top]

During the first week of May, USCIS received 1,000 H-1B cap subject petitions, thus 10,200 petitions have been filed against the 65,000 numbers available. Within the same time frame, 700 petitions were filed against the 20,000 Master's or higher cap, so that the total number of petitions received to date is 7,300. The number of petitions filed each week against the 65,000 cap is approximately 800 to 1,000 while against the 20,000 cap approximately 600 to 800. If the filings continue at this pace, the Master's cap could be reached by the fall, whereas the H-1B regular cap numbers should remain available until at least the end of this calendar year .

USCIS Improves Mail Delivery by Using USPS (05-03-2011) [Top]

USCIS now uses USPS Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner.

This partnership between USCIS and USPS enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USPS customers can confirm that these essential documents were delivered to the proper address.

The new initiative provides:

· The ability to track the status of documents with USPS tracking information; and
· Quicker delivery – on average, documents sent through USPS Priority Mail should arrive two to four business days sooner that with first class mail.

Customers who receive notices of approval can contact USCIS’ Customer Service Center at 800-375-5283 to request tracking information for their documents.

Customers should wait at least two weeks after getting their approval notice before calling for information regarding their cases. When requesting tracking information, customers must provide information from the receipt notice received for their application. After receiving the tracking number from the USCIS Customer Service Center, the delivery status can be tracked by visiting the Postal Service website at www.usps.com and entering the USPS tracking number into the Track & Confirm field.

H-1B Cap Filings during April 2011 (05-02-2011) [Top]

During the month of April 2011, USCIS received 9,200 H-1B cap subject petitions, a little more than half the number compared to April 2010, when approximately 16,500 petitions had been received against the 65,000 numbers available. Whereas a total of 6,600 Master's or higher cap petitions were received during April 2011 compared to 6,900 during April 2010.

H-1B Cap Usage Remains At a Steady Slow Pace (04-27-2011) [Top]

During the third week of April, USCIS received 900 H-1B cap subject petitions (300 fewer petitions then the previous week), thus increasing the total number of such petitions from 7,100 to 8,000 against the 65,000 numbers available. Within the same time frame, the 20,000 Master's or higher cap increased by 800 (an increase of 200 petitions than the previous week), so that the total number of petitions received to date is 5,900.

H-1B Cap Usage (04-18-2011) [Top]

Between April 8th and April 15th, the number of H-1B cap subject petitions received totaled 1,200, thus increasing the total number of such petitions from 5,900 to 7,100 against the 65,000 numbers available. Within the same time frame, the 20,000 Master's or higher cap increased by 600 so that the total number of petitions received to date is 5,100 from 4,500, the number of petitions previously received.

H-1B Cap Usage Announced (04-11-2011) [Top]

USCIS has announced that as of April 7, 2011, only 5,900 H-1B cap subject petitions had been filed against the 65,000 numbers available (this is about half the number compared to last year when 13,500 petitions had been filed). Whereas for the 20,000 Master's or higher cap - 4,500 petitions had been received, again a drop from last year when 5,600 petitions had been filed.

Employment Based Immigrant Visa Numbers for May 2011 (04-11-2011) [Top]

The May 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Due to the extra 12,000 visa numbers being made available to the Second Preference Employment visa category, India Second Preference Employment cut off date has progressed by almost two months from May 8, 2006 to July 1, 2006 and Second Preference for China has progressed 10 days , so that the new cut off date is now August 1, 2006 instead of July 22, 2006.
Third Preference Employment for the World and the Philippines moves forward by one month from July 22, 2005 to August 22, 2005; while Mexico progresses to September 8, 2004 and China moves six weeks from March 1, 2004 to April 15, 2004. Third Preference India moves one week from April 8, 2002 to April 15, 2002.

Impact if Government Shuts Down (04-07-2011) [Top]

If the U.S. Congress is unable to reach a consensus regarding the budget by Friday, April 8, 2011, the Federal government will close at midnight Saturday April 9, 2011.

Generally, when the government shuts down for budgetary reasons, only “essential” governmental bodies are allowed to work.

The impact of a possible government shut down on USCIS is unclear as USCIS’ budget is funded by filing fees.

If there is a shut down, Department of State (DOS) will likely be the same it was in the 1996 government closing. Then, the only visa issuance processing was for some diplomats and for “life or death” situations.

Customs and Border Patrol (CBP) are considered “essential personnel” and although staffing may be more limited than usual, the borders will be open and CBP is not sure how the shutdown will affect the processing of applications filed at the border.

Department of Labor (DOL) will not be available to respond to email or other inquires. It is not known if iCERT/PERM programs would continue to function.

Additional Visa Numbers for EB-2 Category (04-07-2011) [Top]

Approximately 140,000 employment-based visa numbers are available for fiscal year 2011 (ends September 30, 2011). Each independent country of the world is limited to no more than 7% of that total. There are five employment-related preference classifications, with each allocated a certain percentage of the total. The second preference (EB-2) is allocated 28.6 % of the total.

Visa numbers are made available in priority date order within each preference classification without regard to the country of chargeability for an applicant. There is an exception for those countries which are expected to reach their 7% limitation within a fiscal year.

India and China are both expected to reach their 7% limitation in fiscal year 2011 based on “reasonable estimates” of visa usage the Visa Office is permitted to make by law. India had already reached its 2011 EB-2 allocation by April 2011. China is approaching its EB-2 allocation and is expected to reach it by July 2011. This means that India and China are limited to no more than 28.6 % of their entire country limitation in EB-2. The China and India cut-off dates are currently set to 2006 to manage the approximately 2,800 visas typically available under EB-2 annual limit for each country (7% limitation).

The law provides that if the 140,000 employment-based visa numbers are not used, the extra visa numbers are to be utilized without regard to the 7% per country limitation.

The law also provides that unused visa numbers from EB-4 and EB-5 will be added to the EB-1 total and unused EB-1 visa numbers will be available for EB-2.

The Visa Office is currently estimating that at least 12,000 extra visa numbers will be available for EB-2 this year.

By law, the extra 12,000 EB-2 numbers are made available to the entire world in priority date order and they are allocated without regard to the country of chargeability.

There are at least 17,400 applicants who have filed EB-2 adjustment of status applications and whose priority dates fall within the 2006 calendar year. For the most part, these are applicants who filed adjustment of status applications in July or August 2007.

In addition, there is an unknown number of applicants with 2006 priority dates who have “upgraded” from EB-3 to EB-2 by filing new PERM applications and preference petitions. And there is an unknown number of applicants with approved EB-2 petitions who do not have pending adjustment of status applications.

The 12,000 “otherwise unused” numbers will be fully utilized by those with 2006 priority dates. Of the 17,400 presently “known” applicants, 13,200 are from India and 4,200 are from China.

Same or Similar Occupational Classification Questions (04-07-2011) [Top]

The 21st Century Act of 2000, commonly referred to as AC-21 (job flexibility), provides that if an application for adjustment of status (employment based) has been filed and remained unadjudicated for 180 days or more, the application shall remain valid with respect to a new job/employer. However, the following condition must be met: the new job must be in the same or a similar occupational classification as the job for which the original petition was filed.

The Department of Labor uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The purpose of using it is to classify workers into occupational categories and to organize occupational data.

In determining if a position qualifies as same or similar occupational classification, USCIS Officers may compare factors including, but not limited to:

· The job duties of both positions;
· The SOC code from the Immigrant Petition for Alien Worker (Form I-140) and the appropriate SOC code for the new position; and
· The wages associated with each position.

USCIS Officers will review the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes.

A “substantial discrepancy” in the wages of the two jobs may be a contributing factor in a denial when the evidence is considered in its totality. However, a case should not be denied solely because a second position pays more or less than the original. Allowance for normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations will be considered. Also, the job duties must be sufficiently similar.

EB-2 Visa Availability (03-29-2011) [Top]

The U.S. Department of State has advised of a dramatic reduction in the use of Employment Based First Preference (EB-1) immigrant visa numbers.

USCIS does not expect a change in the number use pattern. Therefore this decline in EB-1 number use will allow moving the unused numbers into the EB-2 category.

Based on the current indications, that would mean that at least 12,000 additional numbers would be available to the EB-2 category. This will allow advancing the India EB-2 cut off date for May. The unused numbers are provided strictly in priority date order and India’s demand has the largest concentration of early dates.

E-Verify to Allow Workers to Access their Employment Eligibility (03-22-2011) [Top]

Department of Homeland Security launches an E-Verify Self Check, which gives workers fast and secure access to their employment eligibility information before they apply for jobs.

This will allow workers to identify if there are any inaccuracies in their Social Security Administration or DHS records before they seek employment and submit corrections for any inaccuracies ahead of time.

E-Verify Self Check uses an identity assurance process to confirm that the person attempting to run a check is who he or she claims to be to avoid fraud or abuse.

As of March 18, 2011, E-Verify Self Check service is available to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia. USCIS will continue to expand the E-Verify Self Check service to additional eligible users on a rolling basis.

Employment Based Immigrant Visa Numbers for April 2011 (03-22-2011) [Top]

The April 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Unfortunately, India Second Preference Employment’s cut off date continues to be stuck on May 8, 2006; whereas Second Preference for China has progressed by two weeks, so that the new cut off date is now July 22, 2006.

Third Preference Employment for the World and the Philippines moves forward by three weeks from July 1, 2005 to July 22, 2005; while Mexico progresses to May 8, 2004 and China moves five weeks from January 22, 2004 to March 1, 2004. Third Preference India has another significant change in that it again moves three weeks from March 15, 2002 to April 8, 2002.

USCIS to Start Accepting H-1B Visa Cap Subject Petitions on April 1, 2011 (03-21-2011) [Top]

On March 18, USCIS announced that it will start accepting H-1B visa petitions subject to the fiscal year 2012 cap on April 1, 2011. A case will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted, not on the date the petition is postmarked.

The cap (the numerical limit on H-1B petitions) for Fiscal Year 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt from the 65,000 cap.

USCIS will monitor the number of H-1B visa petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date.

If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.

American Institute in Taiwan temporarily Suspends Visa Services (03-21-2011) [Top]

On March 18, 2011, American Institute in Taiwan (AIT) temporarily closed routine visa services in order to provide support in assisting American citizens evaluating from Japan due to the recent earthquake. This closure will remain in effect until further notice on AIT’s website. AIT will continue to provide American Citizen Services.

The individuals who had non-immigrant interview appointments scheduled on or after March 18, 20111 should check with AIT’s website for updates on when routine services will resume. These applicants may reschedule their appointments by visiting the Application Processing Center’s website at: http://www.visaagent.com.tw

Warden Notice for U.S. citizens in Pakistan (03-21-2011) [Top]

U.S. Department of State issued a Warden Notice about the possibility of violent protests and demonstrations in major cities in Pakistan, specifically near U.S. Consulates General in Lahore, Karachi, Peshawar and the U.S. Embassy in Islamabad.

Spontaneous protests, which may turn violent, in reaction to the recent release into U.S. government custody of a U.S. diplomat could erupt at any time at locations perceived as Western, including restaurants and areas where foreigners are known to congregate.

The Embassy remains open but all Consulates General will be closed until further notice, except for emergency American Citizens Services. The Embassy will issue an updated Warden Message when the Consulates General reopen for routine business.

Partial Reduction in Visa Operations at U.S. Consulate in Mumbai, India (03-08-2011) [Top]

A new U.S. Consulate is being constructed in Mumbai, India to accommodate more applicants/facilitate the visa interview process.

Unfortunately, the current Mumbai U.S. Consulate building’s aging infrastructure has forced the closure of several interview windows, limiting the number of applicants who can be accommodated at a given time.

If an interview for an H or L visa at the Mumbai U.S. Consulate has already been scheduled, the Consulate will conduct the interview as scheduled. However, no new H or L visa appointment will be made. New H and L interviews may be scheduled at other U.S. Consulates in India or the Embassy in New Delhi.

Proposed H-1B Electronic Registration System (03-03-2011) [Top]

The Department of Homeland Security is scheduled to publish on March 3, 2011 a proposed rule regarding Registration Requirements for Petitioners Seeking to File H-1B Cap Subject Petitions.

USCIS indicated that this rule would only become effective at the earliest for H-1B cap petitions filed in April 2012 or later.

The rule proposes that an employer, who wishes to file an H-1B visa petition subject to cap limitations, must first register electronically with the USCIS during a designated registration period. Upon registering, the employer will receive a registration number. A registration will be required for each H-1B employee to be sponsored. No employee substitution will be allowed.

Once an employer has registered, USCIS will notify the employer of a confirmation number, which would allow the employer to file the H-1B petition. This number must be used within 60 days or the time designated on the confirmation notification. However, there is no guarantee, if H-1B visa numbers are exhausted in this interim period, the H-1B petition may be rejected.

The purpose of the rule is to avoid unnecessary preparation of H-1B cap subject petitions, without having an H-1B visa number available for the petition to be adjudicated. The registration period will remain open until USCIS announces on its website that it has enough registrations to reach the cap.

If USCIS receives more registrations that the H-1B cap, USCIS would conduct a random selection of the registrations timely received in a number sufficient to meet the 65,000 and 20,000 caps. USCIS will select approximately 15-20% over the regular cap number of 65,000 and approximately 5-10% over the master’s cap number of 20,000. The reason – to account for denied, rejected and withdrawn cases.

USCIS would reject any H-1B cap subject petitions not based on a selected registration. The proposed registration is anticipated to take approximately 30 minutes to complete. The registration will include basic information regarding the company’s name, mailing address, Federal Tax ID Number; the authorized representative’s name, job title and contact information; the beneficiary’s full name, date of birth, country of birth, country of citizenship, gender and passport number; and any additional information requested by the registration or USCIS.

Employment Based Immigrant Visa Numbers for March 2011 (02-14-2011) [Top]

The March 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Unfortunately, India Second Preference Employment's cut off date remains on May 8, 2006; whereas Second Preference for China has progressed by seven days so that the new cut off date is now July 8, 2006.

Third Preference Employment for the World, the Philippines, and the Dominican Republic moves forward by almost three months from April 1, 2005 to July 1, 2005; while Mexico progresses to January 8, 2004 and China moves three weeks from January 1, 2004 to January 22, 2004. Third Preference India had another significant progression in that it again moved three weeks from February 22, 2002 to March 15, 2002.

USCIS issues one document as EAD and Advance Parole (02-14-2011) [Top]

On February 11, 2011, USCIS announced that one card, serving as an EAD (Employment Authorization Document) and Advance Parole Document, will be issued to certain applicants filing I-485 (Permanent Residence) Applications.

The card will look like the current EAD but will include the text at the bottom that reads “Serves as I-512 Advance Parole”. A card with this text will serve as both an Employment Authorization Document and Advance Parole document. The new card will also be more secure and durable than the current paper Advance Parole document.

An applicant may receive this card when he or she files for EAD and AP concurrently with filing an I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.

The new card (combined EAD and Advance Parole) will allow an applicant for permanent residence to travel abroad and return to the U.S. without abandoning the pending adjustment of status application (I-485). Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

An applicant must file Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole card. If an applicant’s Advance Parole and EAD card have different expiration dates, the new card will be issued only if both documents have less than 120 days of validity left, or if the EAD has less than 120 days of validity left. If an applicant decides to file for this card by filing Forms I-765 and I-131 simultaneously, this should be done no more than 120 days in advance (prior to expiration). The validity period for the EAD and Advance Parole card will begin on the date of the adjudication of the Forms I-765 and I-131.

Based on the availability of an immigrant visa, USCIS will issue this card for a period of one or two years. USCIS may also, at its discretion, issue the card for a longer or shorter validity period, depending on the particulars of the case.

H-1B Cap Reached for Fiscal Year 2011 (01-31-2011) [Top]

On January 27, 2011, USCIS announced that it had received a sufficient number of H-1B visa petitions to reach the statutory cap for the fiscal year ending September 30, 2011. January 26, 2011 was the final receipt date.

USCIS will apply a computer generated random selection process to all H-1B cap subject petitions received on January 26, 2011 to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return accompanying fee. Additionally, USCIS will reject H-1B cap subject petitions arriving after January 26, 2011.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap, such as:

· Extending the amount of time a current H-1B worker may remain in the U.S.;
· Changing the terms of employment for current H-1B workers;
· Allowing current H-1B workers to change employers; and
· Allowing current H-1B workers to work concurrently in a second H-1B position.

Number of H-1B Cap Subject Petition Filings Increase Slightly (01-24-2011) [Top]

As of January 21, 2011, USCIS received a total of 62,800 H-1B cap subject petitions which are either approved or pending; this is an increase of 2,100 petitions since the previous count dated January 14, 2011. Now that the 20,000 Master's or higher degree cap has already been reached, all H-1B cap subject petitions are being counted against the 64,550 cap. As previously projected, the cap will likely be reached by the end of January 2011.

H-1B Cap Subject Visa Numbers Likely To be Exhausted End of January 2011 (01-18-2011) [Top]

As of January 14, 2011, USCIS received a total of 60,700 H-1B cap subject petitions which are either approved or pending; this is an increase of 2,000 petitions since the previous count dated January 7, 2011. Now that the 20,000 Master's or higher degree cap has already been reached, all H-1B cap subject petitions are now being counted against the 64,550 cap. As previously projected, the cap will likely be reached by the end of January 2011.

Employment Based Immigrant Visa Numbers for February 2011 (01-12-2011) [Top]

The February 2011 Visa Bulletin released by the U.S. State Department shows continued availability for First Preference Employment for all countries and Second Preference Employment for the world except China and India. Unfortunately, India Second Preference Employment's cut off date remains stagnant at May 8, 2006; whereas Second Preference for China has progressed by nine days so that the new cut off date is now July 1, 2006.
Third Preference Employment for the World, the Philippines, Mexico and the Dominican Republic moves forward by only nine days from March 22, 2005 to April 1, 2005; whereas China moves two weeks from December 15, 2003 to January 1, 2004. Third Preference India had one of the greatest progressions in that it moved three weeks from February 1, 2002 to February 22, 2002.

H-1B Cap Numbers Still Available (01-11-2011) [Top]

During the first week of January 2011, USCIS received an additional 1,400 H-1B cap subject petitions, so that the number of cap subject petitions either approved or pending now total 58,700 against the total cap available of 64,550. As mentioned in a previous blog, the 20,000 Master's or higher degree cap has already been reached, so all H-1B cap subject petitions will now be counted against the 64,550 cap. As previously projected, the cap could be reached by the end of January 2011.

64,550 Cap Subject H-1B Visa Numbers Actually Available (01-10-2011) [Top]

The total number of H-1B cap subject visas available in the general H-1B pool for fiscal year 2011 is 64,550.

As of December 31, 2010, USCIS had accepted 57,300 cap-eligible petitions, which have been approved or are still pending. This number does not include denials.

From the general visa quota of (65,000), up to 6,800 visas must be set aside for Chile-Singapore H-1B1 users, reducing the number of available visas in the general pool to 58,200. However, the unused portion of these 6,800 visas may be returned to the general H-1B visa pool.

USCIS has advised that 6,350 Chile-Singapore H-1B1 visas for fiscal year 2010 were unused, thus this number was added to 58,000 available allowing for 64,550 H-1B cap subject visas to be available this fiscal year.

Fewer Than 8,000 H-1B Cap Subject Numbers Remain (01-05-2011) [Top]

On January 4, 2011, USCIS released information that as of December 31, 2010, it had received a total of 57,300 H-1B cap subject petitions against the 65,000 cap, this is an additional 1,500 petitions since the previous week (even during the holiday season). As mentioned in a previous posting, the 20,000 Master's or higher degree cap has already been reached, so all H-1B cap subject petitions will now be counted against the 65,000 cap - this cap may be reached before the end of the month.

H-1B Master's or Higher Degree Cap Reached (01-03-2011) [Top]

On January 3, 2011, USCIS released information that as of December 24, 2010, it had received 20,000 Master’s degree or higher cap petitions and thus this cap had been reached. Whereas, a total of 55,800 H-1B cap subject petitions had been received, an additional 1,900 petitions since the previous week. Now that all petitions will be counted against the 65,000 cap - this cap may be reached before the end of the month.

Proposed Changes to H-1B Cap Subject Visa Petition Filings (01-03-2011) [Top]

The Department of Homeland Security (DHS) is proposing to amend its regulations pertaining to H-1B cap subject visa filings to allow for an electronic registration program. Initially, the program would be limited to the H-1B nonimmigrant classification. This proposal is intended to more efficiently manage the intake and lottery process for H-1B cap subject petitions.

USCIS proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B cap subject petitions in either the 65,000 or 20,000 cap categories. This registration process would allow U.S. employers to electronically register for H-1B cap numbers. The mandatory proposed registration would alleviate administrative burdens on USCIS Service Centers and eliminate the need for U.S. employers to needlessly prepare and file H-1B petitions without any certainty that an H-1B cap number would ultimately be allocated to the beneficiary named on that petition.

This new process would allow U.S. employers to electronically register for an H-1B cap number without preparing and submitting a petition. The new mandatory Internet registration system would allow employers to complete a much shorter and less expensive registration process for requesting an H-1B cap number.

For employers who are not allocated a cap number, no H-1B petition would be filed thus resulting in significant cost savings. However, employers allocated a cap number could file a petition and thereby incur new and additional costs for filing under the registration program. Should the USCIS receive multiple petitions for the same H-1B beneficiary by the same petitioner, the system would only accept the first petition and reject the duplicate petitions.