Posted On: January 27, 2011

FY 2011 H-1B Cap Reached

On January 27, 2011, the USCIS announced that it has received enough H-1B petitions to reach the 65,000 cap for FY2011. January 26, 2011 is the final date for receipt of new H-1B petitions requesting an employment start date in FY2011. Therefore, any petitions received after January 26, 2011 will be rejected. Those petitions received on January 26, 2011 will be subject to a computer-generated lottery system that will randomly select the remaining petitions to meet the cap. Petitions not selected will be rejected and returned along with the filing fee.

USCIS will continue to accept H-1B cases that are not subject to the FY2011 cap, including the following petitions:

• H-1B extension of status.;
• H-1B change of employer;
• H-1B amendments; and
• H-1B concurrent employment.

On April 1, 2011, the USCIS will begin accepting new H-1B petitions for FY2012 as it releases a new set of H-1B numbers, including 65,000 newly available numbers and an additional 20,000 for applicants with U.S. Master’s degrees or higher. Petitions filed under the new FY2012 H-1B cap will have an October 1, 2011 start date. For more information on obtaining a FY2012 H-1B number, please contact our office.

Posted On: January 19, 2011

Hurry - FY 2011 H-1B Cap Nearly Reached!

As of January 14, 2011, the USCIS has received approximately 60,700 Bachelor's degree petitions and the allotted 20,000 H-1Bs for U.S. Master's degree petitions has been met. The quota of 65,000 Bachelor’s degree petitions will soon be reached so it is imperative that you file your H-1B petition immediately before the H-1B numbers are reached for FY2011.

Please note that on April 1, 2011, the USCIS will start accepting H-1B applications for FY2012, the next government fiscal year which starts on October 1, 2011. As noted above, the current law allows only 65,000 new H-1B “numbers” per fiscal year, with an additional 20,000 reserved for H-1B applicants who have Master’s or PhD degrees from US institutions. If you have employees whose current work authorization will expire prior to October 1, 2011, or candidates who need H-1B sponsorship for an H-1B “number,” please contact our office so we can assist you in getting the process started.

Posted On: January 18, 2011

February 2011 Department of State Visa Bulletin

The new visa bulletin is out at this link: http://travel.state.gov/visa/bulletin/bulletin_5228.html. Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India (May 2006) and China (July 2006); EB-3 is at April 2005 for all countries, except for India (Feb. 2002), China (Jan. 2004), and Mexico (July 2003); EB-3 other workers is at May 2003 for all countries, except India (Feb. 2002) and China (April 2003); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current. Family based petitions are backlogged, with the most recent date at January 2008.

Posted On: January 7, 2011

USCIS Publishes “Important Information for New Citizens”

The USCIS has published a form entitled “Important Information for New Citizens” that provides a list of some of the top rights and responsibilities assumed by all U.S. citizens, including the right to freely express oneself and the responsibility to uphold the Constitution. The publication also provides a summary of the actions to be taken upon becoming a U.S. citizen. The next steps include the following:

• Applying for a U.S passport
• Updating your Social Security record
• Registering to vote
• Obtaining a Certificate of Citizenship for your children
• Sponsoring family members to come to the U.S.

To view the publication in full, see http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center

Posted On: January 7, 2011

FY 2011 H-1B Cap Close To Being Reached

As of December 31, 2010, the USCIS has received approximately 57,300 Bachelor's degree petitions and 20,000 U.S. Master's degree petitions. While the 20,000 H-1Bs allotted for U.S. Master’s degree petitions has been reached, the USCIS will continue to accept H-1B petitions for FY2011 until the quota of 65,000 Bachelor’s degree petitions is met. As such, the quota will soon be reached as there are only 7,700 H-1B petitions still available for approval. Please contact our office for immediate assistance in filing your H-1B petition before the H-1B numbers are reached for FY2011.