O'Brien & Associates | Attorneys At Law

May 2012: H-1B cap count

webmaster — Thu, 17 May 2012 12:06:27 +0000

As of May 14, 2012, approximately 36,700 H-1B cap-subject petitions were receipted. USCIS has receipted 14,800 H-1B petitions for advanced degree holders. Overall the volume of petitions filed to date for fiscal year 2013 continues to outstrip the same period last year. Additionally, a surge in H1B Masters quota filings may be expected as new graduates emerge from Spring graduation. There is no time to lose for those interested in an H-1B at this time.

Click here for more information.

May 2012: DHS Announces Expanded List of STEM Degree Programs

webmaster — Thu, 17 May 2012 12:04:54 +0000

On May 11, DHS announced an expanded list of science, technology, engineering, and math (STEM) designated degrees that qualify for 17 month OPT (Optional Practical Training) Extension.

See http://www.dhs.gov/ynews/releases/20120511-expanded-stem-degree-programs.shtm

EIR Program – USCIS Thinking Outside the Box for Startups

webmaster — Thu, 10 May 2012 16:59:56 +0000

USCIS is taking steps to increase entrepreneurial immigration. Current US immigration laws are specifically tailored to suit the traditional business model which is no longer realistic for many start-ups, given advancements in technology and the ability to work remotely. On October 11, 2011, USCIS Director Alejandro Mayorkas announced a new initiative to harness industry expertise from the public and private sectors that will increase the job creation potential of employment-based and high-skilled visa categories. Called ‘Entrepreneurs in Residence’, the initiative builds upon a series of policy, operational, and outreach efforts within the framework of existing immigration laws. This initiative focuses on improving the policies and practices of nonimmigrant visa classifications including B, H-1B, E-1/E-2, L-1 and O-1. With the EIR initiative, USCIS recognizes that an educational process needs to take place on the government level in order for foreign entrepreneurs to utilize the current system. A major goal of the initiative is to take steps towards providing a more transparent and predictable decision-making process so foreign entrepreneurs can gauge the potential success rate of their visa applications. On February 22, 2012, the first Information Summit of the EIR was held in Silicon Valley. This Summit included panels, discussions, and opportunities for participants to share strategies to ensure that the immigration pathways for foreign entrepreneurs are clear, consistent, and more reflective of today’s business realities. Over the next several months experts in the industry will meet to discuss ways to ensure that the current immigration system becomes more accessible to foreign entrepreneurs and helps bolster the U.S. economy as a result. In April, EIR members travelled to the California Service Center to meet with USCIS officers.

Click here for more information.

May 1, 2012: Diversity Visa (Green Card) Lottery Results Posted

webmaster — Thu, 10 May 2012 16:55:55 +0000

Entrants in the Diversity Visa 2013 program may check the status of their entries through Entrant Status Check on the E-DV website beginning on May 1, 2012 through September 30, 2013. Please remember to keep your confirmation, since more DV 2013 entrants may be selected on October 1, 2012.

Click here for more details.

For general information and statistics on DV Lottery, click here.

USCIS Issues Q&A on Automatic Extension of F-1 Student Status for Those With Pending H-1B’s

webmaster — Tue, 01 May 2012 16:44:47 +0000

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.

Click here for more information.

H1B Cap Update, April 27, 2012

webmaster — Tue, 01 May 2012 16:42:14 +0000

As of April 27, 2012, approximately 29,200 H-1B cap-subject petitions were receipted. USCIS has receipted 12,300 H-1B petitions for advanced degree holders. Overall the volume of petitions filed to date for fiscal year 2013 has tripled on the same period last year, and if this rate continues the quota is likely to be exhausted within 2-3 months, if not sooner.

Click here to visit the USCIS website for more information.

April 2012: H-1B Uptake Continues to Outstrip Previous Year

webmaster — Thu, 19 Apr 2012 10:50:53 +0000

As of April 17, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. USCIS has receipted 9,700 H-1B petitions for advanced degree holders. Overall the volume of petitions filed per week for fiscal year 2013 has more than doubled on the same period last year.

See www.uscis.gov

Demand for H-1B Visas on the Rise

webmaster — Wed, 11 Apr 2012 11:07:27 +0000

USCIS announced on April 9, 2012 that it received 17,400 regular (bachelors degree) H-1B visa petitions (quota is 65,000) and 8,200 Masters (quota is 20,000) when the quota opened on April 2^nd. Although quotas were far from reached, 17,400 regular petitions is almost three times the number received in the same period last year (5,600). 8,200 Masters petitions is almost double the number received in the same period last year (4,500).

Last year the regular quota was reached in November and the Masters quota in October. The above figures indicate that the demand is up this year and the quota is unlikely to last as long as it did in 2011.

See the Wall Street Journal article here, or please email us if you require further information.

US Department of State changes Visa Processing Fees as of April 13, 2012

webmaster — Thu, 05 Apr 2012 11:54:12 +0000

From the DOS website:

Effective April 13, 2012, the Department of State will adjust visa processing fees. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa processing fees will decrease.

The Department is required to recover, as far as possible, the cost of processing visas through the collection of application fees. For a number of reasons, the current fees no longer cover the actual cost of processing nonimmigrant visas. The nonimmigrant visa fee increase will support the addition and expansion of overseas facilities, as well as additional staffing required to meet increased visa demand.

Although most categories of nonimmigrant visa processing fees will increase, the fee for E visas (treaty-traders and treaty-investors) and K visas (for fiancé(e)s of U.S. citizens) will decrease.

For a full list of the revised fees, see the full article on the DOS website here.

H-1B visa quota for Fiscal Year 2013 opens on April 2, 2012

webmaster — Tue, 13 Mar 2012 10:03:30 +0000

USCIS will start accepting H1B Visa petitions on April 2, 2012, for H1B Visa fiscal year 2013. The first permissible work start date is October 1, 2012. H-1B (professional) visas are subject to an annual quota of 65,000 visas worldwide (out of which 6,800 are allocated to Chile and Singapore). Historically the quota has been woefully short of demand, but in the last 3 years, the recessed economy in the US and elsewhere and increased outsourcing–particularly in technology–has slowed the uptake dramatically, and the quota has been lasting for around 8 months each year. There’s no way to predict how long the quota will last this year, so it’s best to get in early to avoid missing the cut and potentially save an expedite fee of $1225.

If you are interested in obtaining a H1B or would like further information, please contact us here.