Wednesday, April 16, 2014

USCIS received about 172,500 H-1B petitions For Fiscal Year 2015

U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption.

For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All advanced degree petitions not selected then became part of the random selection process for the 65,000 limit.

On March 25, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28.  For more information on premium processing for FY 2015 cap-subject petitions, see the related USCIS Alert.

Monday, April 14, 2014

May 2014 Visa Bulletin Analysis

For May 2014 Visa Bulletin, please click here: http://blog.mygcvisa.com/2014/04/may-2014-visa-bulletin.html

Please see below analysis of May 2014 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1000-1200 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 400 per month. This is good news for EB2 India and China, as they could get a higher spillover in FY 2014.

EB2 China: EB2 China also moved forward by 5 weeks. It should continue to move forward around 3 to 5 weeks per month. It is still be behind EB3 China which is ahead by more than 3 years.

EB2 India: There was no change in EB2 India movement. As we had mentioned earlier, there was huge retrogression in EB2 India due to large amount of porting from EB3 India to EB2 India. We have added a blog post exclusive to EB2 India movement in fiscal year 2014. Also please see this blog post for updates in EB2 (India, ROW and China) category.

Friday, April 11, 2014

June 2014 Visa Bulletin Predictions

For May 2014 Visa Bulletin, please click here: http://blog.mygcvisa.com/2014/04/may-2014-visa-bulletin.html

Please see June 2014 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Quick Summary:

Please Note: These numbers do not include the 10,000 additional unused visas from FB category to EB category.

Family Based:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01APR07 01APR07 01APR07 01DEC93 01JUL02
F2A 08SEP13 08SEP13 08SEP13 15APR12 08SEP13
F2B 01JUN07 01JUN07 01JUN07 01JUN93 15JUL03
F3 15OCT03 15OCT03 15OCT03 08JUL93 08MAR93
F4 22DEC01 22DEC01 22DEC01 08DEC96 01DEC90

Employment Based:

Monday, April 7, 2014

May 2014 Visa Bulletin

For April 2013 Visa Bulletin, please click here: http://blog.mygcvisa.com/2014/03/april-2014-visa-bulletin.html

May 2014 Visa Bulletin has been released (valid from May 1 to May 31 only). Please see below for more details.

Family Based:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 08MAR07 08MAR07  08MAR07 15NOV93 01FEB02
F2A 08SEP13 08SEP13 08SEP13 15APR12 08SEP13
F2B 01FEB07 01FEB07 01FEB07 15MAY93  22JUN03
F3 01SEP03 01SEP03 01SEP03 01JUL93 01MAR93
F4 08DEC01 08DEC01 08DEC01 01DEC96 01NOV90

Employment Based:

Saturday, April 5, 2014

May 2014 Demand Data

May 2014 Demand Data should be published soon. Demand data is used by DOS to calculate the monthly visa bulletin dates. If you are not familiar with demand data, please see this article: What is Demand Data?

There should not be any major changes in the May 2014 Demand Data.

EB2 India: As many of you know, due to huge demand from EB3 India porting to EB2 India, USCIS had to stop allocating visas to EB2 India category from November 20, 2013.  The demand data should include these porting cases, if they have been preadjudicated.

Currently the cases are been counted twice in both EB3 and EB2 category (since they do not have a system to accurately track various porting cases). Please see article.

EB3 ROW: The full demand for EB3 ROW/Mexico/China should start showing up in the next I-485 pending inventory. However since VB dates keep moving forward and visa is available, not all cases would appear in this demand data. This is because demand data only contains preadjudicated cases (and CP cases).

Currently it takes about 4+ months to process I-485 and preadjudicate case. Hence demand data for these categories could appear to be low, though dates have moved by 3+ years.

Wednesday, April 2, 2014

How to Properly File Your H-1B Petition

Please follow these steps:
  1. Complete all sections of the Form I-129 petition, including the H Classification Supplement (pages 11 and 12 of the form) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19). Make sure the Form I-129 has a revision date of November 23, 2010, or later. (You can find current versions of forms at www.uscis.gov/forms.)
  2. Make sure each form has an original signature, preferably in black ink.
  3. Include a signed check or money order with the correct fee amount.
  4. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
  5. Be sure to file the petition to the correct USCIS service center. See the section below on Where to Mail Your H-1B Cap-Subject Petition.
Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly.

 

Additional Documents Required With Your Petition


Labor Condition Application (LCA)
You must submit a certified Department of Labor LCA (Form ETA 9035) at the time you file your petition. A copy of the LCA is acceptable.

Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly.  If the LCA is certified for multiple workers, you must provide the name and USCIS case receipt number of any foreign worker who has previously used the LCA.

Petitioners should be sure to sign the LCA before submitting it with the petition to USCIS.
Please see the Department of Labor’s Office of Foreign Labor Certification website for more information on the LCA process.

 

Monday, March 31, 2014

USCIS Prediction For FY2015 H1B Cap

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.

The congressionally mandated cap on H-1B visas for FY 2015 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS anticipates receiving more than enough petitions to reach both caps by April 7. The agency is prepared to use a random selection process to meet the numerical limit. Non-duplicate petitions that are not selected will be rejected and returned with the filing fees.

Due to the high level of premium processing receipts anticipated, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized intake of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases no later than April 28, 2014. For more information on premium processing for FY 2015 cap-subject petitions, see the USCIS Alert.