Monday, April 27, 2015

USCIS Reaches H-2B Cap for Fiscal Year 2015

From USCIS: USCIS has received enough petitions to reach the congressionally mandated H-2B cap for fiscal year (FY) 2015. March 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2015.

How We Determine the Final Receipt Date


The final receipt date is the date when we received enough cap-subject petitions to reach the statutory limit of 66,000 H-2B worker visas for FY 2015.

What Happens After Reaching the Cap


USCIS will reject new H-2B petitions that:
  • Request an employment start date before October 1, 2015; and
  • Were received after March 26, 2015.

Friday, April 24, 2015

H-1B Cap Premium Processing to Begin April 27

On April 27, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.

USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

Wednesday, April 22, 2015

USCIS Received Nearly 233,000 H-1B Cap Cases For FY 2016


From USCIS: U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016.

USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the masters cap. 

USCIS received nearly 233,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption.

On April 13, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

Monday, April 20, 2015

EB5 Visa Category Cut Off Date Meeting

On April 13, 2015 DOS met with IIUSA 2015 EB-5 Regional Economic Advocacy Conference to address questions related to the implementation of cutoff date for the EB-5 visa category.  Please see details below:

Q. With respect to the implementation of a visa cutoff date for the EB5 visa category, how may a visa applicant whose employment based immigrant visa petition or whose parent’s employment based immigrant visa petition is approved on or before a visa cutoff date established by the Department of State satisfy the “seek to acquire lawful permanent residence status within one year of visa availability” requirement under Immigration and Nationality Act (INA) section 203(h) to secure the protection of the Child Status Protection Act (CPSA)?

  • As outlined in interim U . S . C itizenship and Immigration Services (USCIS) guidance from June 2014, the “sought to acquire” lawful permanent residence (LPR) standard may be satisfied with payment of the visa application fee rather than submission of the DS - 260. That is, payment of the IV fee bill alone could satisfy the requirement. http://www.uscis.gov/sites/default/files/USCIS/Outreach/Interim%20 Guidance%20for%20Comment/PM - 602 - 0097_Extraordinary_Circumstances.pdf

Friday, April 17, 2015

June 2015 Visa Bulletin Predictions

For May 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin.html

Please see June 2015 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Quick Summary:

Family Based:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01SEP07 01SEP07 01SEP07 15NOV94 15FEB05
F2A 01OCT13 01OCT13 01OCT13 08SEP13 01OCT13
F2B 15OCT08 15OCT08 15OCT08 08MAY95 22MAY04
F3 08MAR04 08MAR04 08MAR04 08MAY94 22AUG93
F4 01SEP02 01SEP02 01SEP02 01AUG97 15NOV91

Employment Based:

Wednesday, April 15, 2015

May 2015 Visa Bulletin Analysis

For May 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin.html

Please see below analysis of May 2015 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1650 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 700 per month. 

EB2 China: EB2 China moved forward by 14 months in this visa bulletin. It is likely to continue to move forward around at a fast pace in the next few months.

EB2 India: EB2 India category also got a big jump in this visa bulletin. It moved forward by 7.5  months in this visa bulletin. Per the latest pending inventory, there around 1,000 I-485 pending applications before that date. In addition, there are applicants in EB2 who have not yet filed their application as well as applicants who will be porting from EB3 India to EB2 India.

Monday, April 6, 2015

May 2015 Visa Bulletin

For April 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/03/april-2015-visa-bulletin.html

For May 2015 Visa Bulletin Analysis, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin-analysis.html

May 2015 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 15AUG07 15AUG07  15AUG07 08NOV94 01FEB05
F2A 01SEP13 01SEP13 01SEP13 08AUG13 01SEP13
F2B 15SEP08 15SEP08 15SEP08 01APR95  22APR04
F3 22FEB04 22FEB04 22FEB04 15APR94 15AUG93
F4 01AUG02 01AUG02 01AUG02 15JUL97 22OCT91

Employment Based: