USCIS Introducing a New Fee for Processing Immigrant Visas (12-13-2012) [Top]

On February 1, 2013, USCIS will begin collecting a new USCIS Immigrant Fee of $165.00 from foreign nationals seeking permanent residence in the United States.

The new fee will allow USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from the Department of State (DOS). This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card.

An applicant will pay this fee on line through the USCIS website after receiving a visa package from DOS and before departing for the United States. DOS will provide applicants with specific information on how to submit payment when they attend the consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

When to File a Naturalization Application (N-400) (12-11-2012) [Top]

A Naturalization Application (N-400) may be filed up to 3 months before the date an applicant meets the 5 or 3 year continuous residence requirement. Although the application may be filed within this 3 month time period, the applicant cannot be naturalized until he or she meets the 5 or 3 year continuous residence requirement, in addition to meeting the other statutory requirements for naturalization.

The National Benefits Center (NBC) conducts preliminary processing of N-400s. When an applicant files a Form N-400 within the 90 day period prior to meeting the continuous residence requirement, the NBC places the application on a “Residence Data Hold”. Only when the continuous residence requirement is met will the NBC place the application in the field office interview scheduling queue. The field office then provides the interview date and time to the NBC and NBC sends out the appointment notice and transfers the file to the field office.

Thus, filing an N-400 prior to actually meeting the 5 or 3 year continuous residence requirement may not be advantageous.

Employment Based Immigrant Visa Numbers for January 2013 (12-11-2012) [Top]

On December 11, 2012, the U.S. State Department released the January 2013 Visa Bulletin. Unfortunately, the Second Preference Employment category for India has not moved again - the cut off date remains on September 1, 2004. First Preference Employment for all countries remains current. Second Preference Employment based visa numbers for ALL countries except India and China remains current as well. Second Preference Employment visa numbers based for China has moved six weeks from October 22, 2007 to December 8, 2007. There is some movement forward for the other employment based visa categories. Third Preference Employment for the World and Mexico moves forward just over five weeks from December 22, 2006 to February 1, 2007. China also moves forward by more than two and half months from July 1, 2006 to September 22, 2006. Third Preference India moves one week from November 1, 2002 to November 8, 2002. The Philippines does not move and thus maintains its cut off date of August 15, 2006.

Limited Visa Appointments in Tel Aviv, Israel (11-27-2012) [Top]

Between December 17th and 28th, 2012, the visa section of the U.S. Embassy in Tel Aviv will undergo renovations. The number of interviews during this time period for all visa types will be very limited. Emergency appointments during this period will be given only for humanitarian cases.

U.S. Mission in India Expands Interview Waiver Program (IWP) (11-26-2012) [Top]

Currently, the Interview Waiver Program (IWP) accepts visa applications for renewal, including waiver a of a personal interview, within the following visa categories, provided the visa is still valid or expired within the last 48 months:

· Business/Tourism (B1 and/or B2);
· Dependent (J2, H4, L2);
· Transit (C) and/or Crew Member (D) – including C1/D;
· Children applying before their 7th birthday traveling in any visa class; and
· Applicants applying on or after their 80th birthday traveling in any visa class.

The expended IWP program now allows the following Indian applicants be considered for streamlined processing as well:

· Children applying before their 14th birthday traveling in any visa class;
· Students returning to attend the same school and same program;
· Temporary workers on H-1B visas; and
· Temporary workers on individual L-1A or individual L-1B visas.

The renewal must be within the same classification as the previous visa. If the previous visa is annotated with the words “clearance received”, that applicant is not eligible for a waiver of a personal interview.

Not all applications will be accepted for streamlined processing. Consular Officers may interview any visa applicant in any category. Applicants who are renewing their visas may still need to make an appointment for biometrics (fingerprint and photograph) collection, and all applicants must submit the required fees and the DS-160 application form.

Employment Based Immigrant Visa Numbers for December 2012 (11-07-2012) [Top]

On November 7, 2012, the U.S. State Department released the December 2012 Visa Bulletin. The most surprising is that the Second Preference Employment category for India has not moved again - the cut off date remains on September 1, 2004. First Preference Employment for all countries remains current. Second Preference Employment based visa numbers for ALL countries except India and China remains current. Visa numbers Second Preference Employment based for China has moved seven weeks from September 1, 2007 to October 22, 2007. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward one month from November 22, 2006 to December 22, 2006. China also moves forward by two and half months from April 15, 2006 to July 1, 2006. Third Preference India moves about one week from October 22, 2002 to November 1, 2002. The Philippines moves one week from August 8, 2006 to August 15, 2006.

OPT Filing Deadlines Alert (10-22-2012) [Top]

USCIS has taken a more restrictive approach to filing deadlines for F-1 (Student Visa) Optional Practical Training (OPT) applications.

For a post completion OPT, the student must properly file his/her Form I-765 up to 90 days prior to his/her program end-date and no later than 60 days after his/her program end-date. The student must also file Form I-765 with USCIS within 30 days of the date the DSO enters the recommendation of OPT into his/her SEVIS record.

Until recently, when USCIS received an OPT application more than 30 days after the DSO entered the OPT recommendation in SEVIS, it would often send the applicant a Request for Evidence requiring a new Form I-20 signed by the DSO. The DSO could simply reprint the Form I-20 from SEVIS (without entering a new OPT recommendation in SEVIS) and sign it, and the student could submit it to USCIS. However, USCIS has recently taken the position that the phase “within 30 days of the date the DSO enters the recommendation of OPT into his/her SEVIS record”, does not allow this approach and applications submitted more than 30 days after the DSO’s recommendation of OPT in SEVIS are now being denied.

To avoid a denial of an OPT application, the student must file it with USCIS within 30 days of the OPT recommendation in SEVIS. If a student is unable to submit the Form I-765 and supporting I-20 to USCIS within 30 days of the OPT recommendation in SEVIS, the DSO should cancel the original OPT recommendation in SEVIS and enter a new recommendation. Simply issuing a new Form I-20, which was acceptable until recently, will no longer suffice.

Employment Based Immigrant Visa Numbers for November 2012 (10-17-2012) [Top]

On October 12, 2012, the U.S. State Department released the November 2012 Visa Bulletin. The most surprising is that the Second Preference Employment category for India has not moved - the cut off date remains on September 1, 2004. First Preference Employment for all countries remains current. As predicted, Second Preference Employment based visa numbers for ALL countries has become current. Visa numbers Second Preference Employment based for China has moved from July 15, 2007 to September 1, 2007. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward approximately four weeks from October 22, 2006 to November 22, 2006. China also moves forward by nine weeks from February 8, 2006 to April 15, 2006. Third Preference India moves one week from October 15 2002 to October 22, 2002. The Philippines moves one week from August 1, 2006 to August 8, 2006.

New Filing Option for Canadian TN visas (10-03-2012) [Top]

On October 1, 2012, USCIS began accepting TN visa petitions at the Vermont Service Center on behalf of Canadian citizens who are outside of the United States .
Previously, all initial TN visa requests were submitted at the border or port of entry to the U.S. Customs and Border Protection Unit. Whereas applications to change status to a TN visa and/or subsequent TN extensions could be filed at the Vermont Service Center. Premium Processing is available for TN requests through the Vermont Service Center.
Canadian citizens continue to have the option of applying for a TN visa at the time of entry to the U.S.

2014 Diversity Visa Program Registration (09-27-2012) [Top]

The 2014 Diversity Visa Program (DV-2014) will open at noon, eastern Daylight Time (EDT) (GMT-4) on Tuesday, October 2, 2012 and will close at noon EDT, Saturday, November 3, 2012. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at http://www.dvlottery.state.gov. Paper entries will not be accepted. No entries will be accepted after noon, EDT on November 3, 2012.

The annual DV program makes visas available to persons meeting the simple, but strict eligibility requirements. A computer generated random drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas to regions with lower rates of immigration. No single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2014, natives of the following countries are not eligible to apply because the countries sent 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, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

A “native” ordinary means someone born within a particular country, regardless of the individual’s current country of residence or nationality. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

Beginning May 1, 2013, DV-2014 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check at https://www.dvlottery.state.gov/ to see if their entry was selected. Successful entrants will receive instructions for how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments will also be made through Entry Status check.

For detailed information about entry requirements, along with frequently asked questions about the DV program, please see the instructions for the DV-2014 Diversity Visa program available at http://travel.state.gov/visa/immigrants/types/types_1318.html.

U.S. Embassy in India Announces a New Visa Processing System (09-10-2012) [Top]

On September 5, 2012, the U.S. Embassy in India announced that it is implementing a new visa processing system that will further standardize procedures and simplify fee payment and appointment scheduling through a new website at http://www.ustraveldocs.com/in

Beginning September 26, 2012, U.S. visa applicants will be able to pay application fees via Electronic Fund Transfer (EFT) or with their mobile phones. They may also pay in cash at more than 1,800 Axis bank branches. For the first time, applicants will be able to schedule their appointments online or by phone.

One important change under the new system is that first time applicants will have to make two appointments: one for fingerprint collection and photo submission, and one for a consulate interview. Fingerprints will be collected at an Offsite Facilitation Center (OFC) prior to the visa interview at the U.S. Embassy or Consulate. For many first-time applicants, this will mean two appointments on two separate days.

Presently, applicants wait fewer than ten days for visa interview appointments and spend less than one hour at U.S. consular facilities in India.

Under the new system, passports, visas, immigrant visa packets and other documents will be delivered to 33 document pick up locations across India within a week at no charge. Applicants will be asked to choose a delivery location when they schedule their appointments.

The Department of State Visa Office Predictions on Priority Dates and Visa Availability (09-10-2012) [Top]

On August 30, 2012, Charlie Oppenheim of the U.S. Department of State Visa Office predicted/estimated that the Employment Based First Preference Category (EB-1) visa usage will remain extremely high. The EB-1 visa category could close in September if usage remains high. It would then become current in October 2012 with the beginning of the new fiscal year. However, the 13,000 unused EB-1 numbers that were expected in Fiscal Year 2012 and which would have then “dropped down” to EB-2 will not be realized.

EB-2 India priority date will probably retrogress to 2006 when the Visa Bulletin is published next month (not 2007 as previously predicted). India is expected to stay in 2006 for some time.
EB-2 China priority date will be further ahead than India, but that assessment has not been completed yet.

EB-2 Worldwide may go current in October 2012, or it may go to early 2012 and then current in the November Visa Bulletin. It is expected that many EB-2 Worldwide cases will be pending or filed in October with a potential for visa retrogression for EB-2 Worldwide in 2013.

EB-3 Worldwide should remain as posted for the rest of September.

Note that these predictions are not an assurance nor a guarantee by the Visa Office, as changes in visa usage results in changes in the Visa Bulletin.

Visa Agreement between the United States and the Russian Federation (09-10-2012) [Top]

On September 9, 2012, a historic U.S. – Russia agreement entered into force. The agreement facilitates travel between the two countries. Among other benefits, the agreement provides for longer visa validity. Below are the key provisions:

· Three-year, multiple entry visas will be issued as the standard “default” visa for U.S. citizens visiting Russia and Russian citizens visiting the United States;
· The agreement streamlines the visa issuance process by reducing the documentation required. For example, the Russian government will no longer require U.S. citizens to provide formal, “registered” invitation letter when applying for Russian business visas or visas for private visits, although applicants seeking Russian tourist visas must continue to hold advance lodging reservations and arrangements with a tour operator;
· Both sides have committed to keeping standard visa processing times under 15 days; and
· The $100.00 issuance – or reciprocity - fee for Russians issued U.S. visas for business or tourism (visa types B1/B2) will decrease to $20.00.

Employment Based Immigrant Visa Numbers for October 2012 (09-10-2012) [Top]

On September 10, 2012, the U.S. State Department released the October 2012 Visa Bulletin. First Preference Employment for all countries is current. However, as predicted, there is a continued backlog for Second Preference Employment based visa numbers for ALL countries. The cut off date is now January 1, 2012; thus, only individuals for all countries who have a priority date of before January 1, 2012 are eligible to apply for permanent resident status. This backlog hopefully may only remain in effect for the month of October. Visa numbers are now available for Second Preference Employment based for India and China. However, the situation is worse then predicted for India, as the cut off date is September 1, 2004 while for China it is July 15, 2007. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward by three weeks from October 1, 2006 to October 22, 2006. China also moves forward by seven weeks from December 15, 2005 to February 8, 2006. Third Preference India moves one week from October 8, 2002 to October 15, 2002. The Philippines remains unchanged at August 1, 2006.

USCIS Approvals and Denials of L-1B visa Petitions (08-30-2012) [Top]

USCIS has published data relating to L-1B visa approvals and denials from 2003 to 2011. In 2003, the approval rate was at 91% with 19, 161 L-1B visa petitions approved and 1,867 denied. Whereas in 2011, the approval rate was 73% with 14,246 L-1B visa petitions approved and 5,353 denied.

U.S. Customs and Border Protection (CBP) no longer stamps Form I-20 (08-20-2012) [Top]

CBP has unofficially confirmed that it no longer stamps Form I-20 at Ports of Entry.

Recognizing that certain government agencies (DMV, etc.) look for a stamp on this document to grant a benefit, USCIS is conducting an extensive outreach to ensure that these agencies are aware of this change.

If specific issues arise with a DMV/other government agency rejecting a student’s unstamped I-20, the student/their designated school official (DSO) should email USCIS at Public.Engagement@uscis.dhs.gov, so that USCIS can contact the government agency to clarify the benefit.

On August 7, 2012, CBP also announced delays of 30 days or more in entering Form I-94 data into DHS systems, while CBP works to streamline entry data processes.

Employment Based Immigrant Visa Numbers for September 2012 (08-14-2012) [Top]

On August 13, 2012, the U.S. State Department released the September 2012 Visa Bulletin which indicates a continued backlog for Second Preference Employment based visa numbers for ALL countries. The cut off date of January 1, 2009 remains unchanged; thus, only individuals for all countries who have a priority date of before January 1, 2009 are eligible to apply for permanent resident status. This backlog will likely remain in effect until at least September 30, 2012, the end of this fiscal year. Once the new fiscal year begins on October 1, 2012, it is hoped that the visa numbers for this category will become current again. Visa numbers of course remain unavailable for Second Preference Employment based for India and China. First Preference Employment for all countries remains current. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward by three weeks from September 8, 2006 to October 1, 2006. China also moves forward by five weeks from November 8, 2005 to December 15, 2005. Third Preference India moves one week from October 1, 2002 to October 8, 2002. The Philippines moves six weeks from June 15, 2006 to August 1, 2006.

Diversity Visa Program (DV-2014) (08-09-2012) [Top]

Diversity Visa Program (DV-2014) online registration will begin on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and continue through to Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). Entry instructions for Diversity Visa Program are not yet available.

Employment Based Immigrant Visa Numbers for August 2012 (07-10-2012) [Top]

On July 10, 2012, the U.S. State Department released the August 2012 Visa Bulletin which indicates a continued backlog for Second Preference Employment based visa numbers for ALL countries. The cut off date of January 1, 2009 remains unchanged; thus, only individuals for all countries who have a priority date of before January 1, 2009 are eligible to apply for permanent resident status. This backlog will likely remain in effect until at least September 30, 2012, the end of this fiscal year. Once the new fiscal year begins on October 1, 2012, it is hoped that the visa numbers for this category will become current again. Visa numbers of course remain unavailable for Second Preference Employment based for India and China. First Preference Employment for all countries remains current. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward by six weeks from July 22, 2006 to September 8, 2006. China also moves forward by six weeks from September 22, 2005 to November 8, 2005. Third Preference India moves slightly more than one week from September 22, 2002 to October 1, 2002. The Philippines moves one week from June 8, 2006 to June 15, 2006.

Update on Priority Dates (06-28-2012) [Top]

On June 19, 2012, Charlie Oppenheim of the Visa Office provided some information about Employment Based Immigrant Visa Numbers for 2012/2013.

In October 2012 (beginning of the 2013 fiscal year), Mr. Oppenheim expects that Employment Based Second Preference ( EB-2) cut-off dates for China-Mainland born and India, which are currently "unavailable," will have a cut off date of August or September 2007 (China may move slightly more). However, he predicts that it is unlikely that these cut-off dates will move forward during the first two quarters of FY2013, i.e. October 2012 thru March 2013. Mr. Oppenheim's office already has 17,000 EB-2 cases for natives of India, China, and worldwide with priority dates after January 1, 2009, pre-adjudicated. There are numerous cases queued up for adjudication in October 2012, and it will take some time to process them. Individuals who were born in China or India with pending adjustment applications cab expect to wait years for the adjudication of their I-485s.

It is expected that EB-2 worldwide will be current in October 2012.

Additionally, Mr. Oppenheim's office believes that there are 10,000 to 15,000 visa numbers used for upgrades every fiscal year. In March 2012, alone, 3,200 numbers were used to approve China and India adjustments that were EB-3-EB-2 upgrades. The actual break down was 2,800 from India and 500 from China. All of these cases had priority dates before 2007. For example, 363 of the 2,800 EB-2 cases from India that were approved in March 2012, had a 2005 priority date. In March 2012, alone, over 1,000 numbers were used for applications from the worldwide quota that had priority dates before 2010, so these were likely upgrades as well.

H-1B Cap Reached (06-12-2012) [Top]

On June 12, 2012, USCIS announced that on June 11, 2012 a sufficient number of H-1B visa petitions were received to reach the cap for FY 2013 (October 2012 thru September 30, 2013). On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will now be rejecting H-1B petitions subject to the cap that are received after June 11, 2012. USCIS did not mention whether a lottery will be conducted for the filings received on June 11, 2012; however, only upon receiving the receipt will there be confirmation that the H-1B visa petition has been assigned an H-1B cap number and thus be adjudicated.

USCIS will continue to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

Employment Based Immigrant Visa Numbers for July 2012 (06-11-2012) [Top]

On June 11, 2012, the U.S. State Department released the July 2012 Visa Bulletin which indicates a backlog for Second Preference Employment based visa numbers for ALL countries. A cut off date has now been established of January 1, 2009. Thus, starting July 1, 2012, only individuals for all countries who have a priority date of before January 1, 2009 will be eligible to apply for permanent resident status. This backlog will likely remain in effect until at least September 30, 2012, the end of this fiscal year. Once the new fiscal year begins on October 1, 2012, it is hoped that the visa numbers for this category will become current again. Visa numbers of course remain unavailable for Second Preference Employment based for India and China. First Preference Employment for all countries remains current. There is some movement forward for other employment based visa categories. Third Preference Employment for the World and Mexico moves forward by six weeks from June 8, 2006 to July 22, 2006. China also moves forward by six weeks from August 8, 2005 to September 22, 2005. Third Preference India moves one week from September 15, 2002 to September 22, 2002. The Philippines moves only two weeks from May 22, 2006 to June 8, 2006.

U.S. Embassy - London Limited NIV Processing (06-07-2012) [Top]

A limited number of slots for Non-Immigrant Visa (NIV) appointments from July 1, 2012 to August 17, 2012 will be open through the Embassy’s Operator Assisted Visa NIV Appointment Booking Service.

The number of appointments available per day will be limited to 200, with priority given to Student/Exchange Visitor and Petition-Based visa categories. There will be limited B-1/B-2 appointment availability during this time, and as a result, applicants who have been refused B-1/B-2 visas in the past six months will only be able to schedule appointments after August 17, 2012.

H-1B Cap To be Reached Imminently (06-04-2012) [Top]

On June 4, 2012, USCIS announced that as of June 1, 2012, it had received 55,600 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is an increase of 800 cases filed compared to the previous week, in that 7,200 petitions were filed compared to 6,400 petitions filed the previous week. If H-1B cap case filings continue at this rate - the cap could be reached by this Friday. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) decreased compared to the previous week in that 1,200 cases were filed instead of 1,500, so that the total has now reached 18,700. If the number of petitions filed continues at this rate, the Master's cap could be reached also within the week.

Number of H-1B Cap Filings Continue to Increase (05-30-2012) [Top]

On May 30, 2012, USCIS announced that as of May 25, 2012, it had received 48,400 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is the same increase of 1,100 cases filed compared to the previous week, in that 6,400 petitions were filed compared to 5,300 petitions filed the previous week. If H-1B cap case filings continue at this rate - the cap could be reached before mid-June. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) increased compared to the previous week in that 1,500 cases were filed instead of 1,200, so that the total has now reached 17,500. If the number of petitions filed continues at this rate, the Master's cap could be reached before mid-June.

USCIS Launches Online Immigration System (05-23-2012) [Top]

On May 22, 2012, USCIS launched the first phase of its electronic immigration benefits system, known as USCIS ELIS.

Individuals can now establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. Eligible individuals include foreign citizens who travel to the United States temporarily to study, conduct business, receive medical treatment or visit on vacation. USCIS ELIS will also enable USCIS officers to review and adjudicate online filings from multiple agency locations across the country.

Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then reviewed paper files and shipped documents between offices to complete their adjudication. The USCIS ELIS launch signifies an important step and is the first of several releases. Future releases will add form types and functions to the system, gradually expanding to cover filing and adjudication for all USCIS immigration benefits.

Visit http://www.uscis.gov/uscis-elis to take a tour of the new system, learn about eligibility and the benefits of using USCIS ELIS.

Number of H-1B Cap Filings Increases (05-22-2012) [Top]

On May 22, 2012, USCIS announced that as of May 18, 2012, it had received 42,000 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is an increase of 1,100 cases being filed compared to the previous week, in that 5,300 petitions were filed compared to 4,200 petitions filed the previous week. If H-1B cap case filings continue at this rate - the cap could be reached before the end of June. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) increased slightly compared to the previous week in that 1,200 cases were filed instead of 1,100, so that the total has now reached 16,000. If the number of petitions filed continues at this rate, the Master's cap could be reached by mid-June.

Significant Number of H-1B Cap Filings Continues (05-14-2012) [Top]

On May 14, 2012, USCIS announced that as of May 11, 2012, it had received 36,700 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is an increase of 1,100 cases being filed compared to the previous week, in that 4,200 petitions were filed compared to 3,300 petitions filed the previous week. If H-1B cap case filings continue at a rate - the cap could be reached by the end of June. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) again dropped compared to the previous week in that 1,100 cases were filed instead of 1,400, so that the total has now reached 14,800. If the number of petitions filed continues at this rate, the Master's cap could be reached in about 1 month.

H-1B Cap Filing Rate Slows (05-09-2012) [Top]

On May 7, 2012, USCIS announced that as of May 4, 2012, it had received 32,500 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is a significant drop in 900 cases being filed compared to the previous week, in that 3,300 petitions were filed compared to 4,200 petitions filed the previous week. Nonetheless, half of the H-1B regular cap numbers have been "used" in just over one month of filing. If H-1B cap case filings continue at a rate of approximately 3,500 petitions per week - the cap could still be reached by the end of June. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) also dropped significantly compared to the previous week in that 1,400 cases were filed instead of 2,400, so that the total now has now reached 13,700. If the number of petitions filed continues at this rate, the Master's cap could be reached in about 1 month.

Employment Based Immigrant Visa Numbers for June 2012 (05-09-2012) [Top]

On May 9, 2012, the U.S. State Department released the June 2012 Visa Bulletin which confirms the unavailability of Second Preference Employment based visa numbers for India and China and some movement forward for other 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. Third Preference Employment for the World and Mexico moves forward by five weeks from May 1, 2006 to June 8, 2006. China now moves more than four months from April 1, 2005 to August 8, 2005. Third Preference India moves again about one week from September 8, 2002 to September 15, 2002. The Philippines moves only three weeks from May 1, 2006 to May 22, 2006.

China-Mainland and India Employment Second Preference Category (05-09-2012) [Top]

Despite the retrogression of the China and India Employment Second Preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that remained excessive. The demand is primarily based on cases, which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third Preference Category, and are now eligible to be upgraded to Employment Second Preference status. The potential number of such “upgrade” demand is not currently being reported. This continued demand of Employment Second Preference numbers has made it necessary for China and India Employment Preference Category to be “unavailable” and will remain so for the remainder of Fiscal Year 2012.

Numbers will once again be available for China and India Employment Second Preference cases beginning October 1, 2012. It is not possible to accurately estimate how long it may take for the cut off date to return to May 1, 2010, but current indications are that it would definitely not occur before spring 2013.

USCIS has indicated that it will continue accepting China and India Employment Second Preference I-485 filings during May 2012 based on the originally announced May cut off date.

Employment First and Second Preference Visa Projections (05-09-2012) [Top]

The Department of State (DOS) has provided projections for visa availability in the EB-1 and EB-2 preference categories.

Based on the current rate of demand, it may be necessary to establish a cut-off date for Employment First Preference for all countries at the end of the fiscal year in an effort to limit number usage within the annual numerical limit. Additionally, due to the current rate of demand, it may be necessary to establish a cut-off date for the Second Preference Employment category for all countries other than China and India. Such action may be required at any time during the next few months.

H-1B Cap Filings Continue at High Rate (04-30-2012) [Top]

On April 30, 2012, USCIS announced that as of April 27, 2012, it had received 29,200 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is a slight dip of 200 cases being filed compared to the previous week, in that 4,200 petitions were filed compared to 4,400 petitions filed the previous week. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) doubled compared to the previous week in that 2,400 cases were filed instead of 1,200, so that the total now has reached 12,300. If the number of petitions filed continue at this rate, the Master's cap could be reached within 1 month; whereas the Regular cap could be reached now as early as mid to end of June 2012.

EB-2 QUOTA REACHED FOR CHINA-MAINLAND AND INDIA (04-24-2012) [Top]

The State Department has confirmed that the annual limit for the EB (Employment Based) Second Preference category for China-mainland born and India has been reached. The State Department notified USCIS on April 11, 2012, that no further visas for these categories would be authorized.

USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category chargeable to China-mainland born and India will be retained by DOS for authorization in Fiscal Year 2013, beginning on October 1, 2012.

Increase in Number of H-1B Cap Filings (04-23-2012) [Top]

On April 23, 2012, USCIS announced that as of April 20, 2012, it had received 25,000 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is an increase of more than 35% compared to the previous week, so that in this past week 4,400 petitions were filed compared to 3,200 petitions filed the previous week. The number of petitions filed towards the U.S. Master’s degree category (20,000 per year limit) was slightly less in that 1,200 petitions were filed this past week compared to 1,500 the previous week, so that the total now has reached 10,900. If the number of petitions filed continue at this rate, the Master's cap could be reached within 2 months (perhaps 7 weeks); whereas the Regular cap could be reached now much earlier, i.e. soon after the Master's cap - so perhaps as early as the end of June 2012.

H-1B Cap Filings as of 04-13-2012 (04-17-2012) [Top]

On April 17, 2012, USCIS announced that as of April 13, 2012, it had received 20,600 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit). This is an increase of 3,200 in one week since the first count was announced on April 9, 2012 when 17,400 petitions had been received during the first week of filing. 9,700 petitions have been filed towards the U.S. Master’s degree category (20,000 per year limit). This is an increase of 1,500 in one week since the first count was announced on April 9, 2012 when 8,200 petitions had bee received during the first week of filing. If the number of petitions filed continue at this rate, the Master's cap could be reached within 2 months (perhaps 7 weeks); whereas the Regular cap could be reached within 4 months or earlier once the Master's cap is reached.

Employment Based Immigrant Visa Numbers for May 2012 (04-09-2012) [Top]

On April 6, 2012, the U.S. State Department released the May 2012 Visa Bulletin which confirms the retrogression for Second Preference Employment based for India and China and some movement forward for other 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 date retrogress as projected to a cut off date of August 15, 2007. This is due to the fact that USCIS has been adjudicating the adjustment of status cases filed since the fall of 2011. The cut off date now will not move until October 2012.

Third Preference Employment for the World, the Philippines and Mexico moves forward by three weeks again from April 8, 2006 to May 1, 2006. China now moves one month from March 1, 2005 to April 1, 2005. Third Preference India moves again about one week from September 1, 2002 to September 8, 2002.

H-1B Cap Filings as of April 9, 2012 (04-09-2012) [Top]

On April 9, 2012, USCIS announced that it had received 17, 400 H-1B visa petitions under the regular H-1B cap visa category (65,000 per year limit) and 8,200 counted towards the U.S. Master’s degree category (20,000 per year limit). Thus, H-1B cap numbers should be available for many months, perhaps through the summer of 2012, but not until Thanksgiving. The cases filed during the first 5 days of acceptance with a Premium Processing Request will begin to be processed as of April 9, 2012.

U.S. EMBASSY IN LONDON SUMMER 2012 SCHEDULE (04-09-2012) [Top]

U.S. Embassy in London announced that its nonimmigrant visa services would be limited during the period of July through to the end of August 2012. Travelers requiring visas are advised to apply early to avoid disappointment. The appointment calendar is open through the end of June. The call center is open Monday through Friday between the hours of 8:00 am to 9:00 pm and on Saturday between 9:00 am to 4:00 pm.

Nationals of the 36 Visa Waiver Program (VWP) countries should check eligibility to enter the United States visa free under the VWP, if qualified. If not, a visa will be required.

If entering the United States by air or sea carrier under VWP, travel authorization under the Electronic System for Travel Authorization (ESTA) prior to travel is required. Although it is possible to register up to 72 hours before departure, it is recommended that registration for summer travel be done well in advance, in case the registration is denied and a visa will be required.

H-1B VISA CAP PETITION FILINGS (04-05-2012) [Top]

During a USCIS Stockholder Meeting on April 5, 2012, USCIS announced that as of April 4, 2012, USCIS had received 22,323 H-1B visa petitions. Of these, approximately one third of the petitions were under the U.S. Master’s degree category (20,000 per year limit). The rest of the petitions (approximately two thirds) were filed under the regular H-1B cap visa category (65,000 per year limit). 25% of all petitions were filed with the request for Premium Processing.

EB-2 CUT OFF DATE FOR CHINA AND INDIA RETROGRESSES (04-04-2012) [Top]

The State Department has confirmed that effective March 23, 2012, no further Employment Based Second Preference Visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007 or later.

Visa applicants processing in April 2012 at the U.S. Consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established.

During the month of April 2012, USCIS will continue to accept and process applications for adjustment of status for aliens born in China and India with priority dates prior to May 1, 2010. These cases will remain “pending” until a visa number becomes available.

VISA NUMBER MOVEMENT PROJECTIONS (04-04-2012) [Top]

The State Department has provided projections for Employment Third Preference Visa Number movement based on recent patterns of USCIS number use:

Worldwide: 3-5 weeks
China: up to 6 weeks
India: up to 2 weeks
Mexico: 3-5 weeks
Philippines: 3-5 weeks

EB-2 Visa Projections for India and China (03-19-2012) [Top]

On March 16, 2012, Charlie Oppenheim, Chief, Visa Control and Reporting of the Department of State, stated that he will likely retrogress India and China Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no "spilldown" to EB-2.

Employment Based Immigrant Visa Numbers for March 20 (02-08-2012) [Top]

On February 8, 2012, the U.S. State Department released the March 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 by four months from the cut off date of January 1, 2010 to May 1, 2010. This more modest jump is likely due to the fact that the State Department is anticipating the filing of adjustment cases in January and February 2012 when the quota moved forward each month by one year.

Third Preference Employment for the World, the Philippines and Mexico moves forward by three weeks from February 22, 2006 to March 15, 2006. China also moves one month from December 1, 2004 to January 1, 2005. Third Preference India moves again only one week from August 15, 2002 to August 22, 2002.

Employment Based Immigrant Visa Numbers for February 2012 (01-10-2012) [Top]

On January 9, 2012, the U.S. State Department released the February 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 by one year from the cut off date of January 1, 2009 to January 1, 2010. This significant jump is likely due to the fact that the State Department is still unaware of the adjustment cases filed since the fall of 2011 in that USCIS has not yet adjudicated these employment based adjustment cases filed during the past four months.

Third Preference Employment for the World, the Philippines and Mexico moves forward by three weeks from February 1, 2006 to February 22, 2006. China also moves six weeks from October 15, 2004 to December 1, 2004. Third Preference India moves again only one week from August 8, 2002 to August 15, 2002.

U.S. Consulate General in Chennai will no longer process Immigrant Visas (01-10-2012) [Top]

As of January 1, 2012, the U.S. Consulate General in Chennai will no longer process Immigrant visa petitions. The U.S. Embassy in New Delhi and the U.S. Consulate in Mumbai will become the only acceptance centers for immigrant visas. Fiance visas are also included in this category.