H-1B Visa Cap Reached -- New Immigration Bill
H-1B Visa Cap Reached
and New Immigration Bill
and New Immigration Bill
On April 5, 2013, the U.S. Citizenship and Immigration
Services (USCIS) announced that it has received a sufficient number of H-1B
petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B
petitions filed under the advanced degree exemption category. USCIS was still
counting the number of applications received as of April 5 but the agency has
stopped accepting new applications after that date.
Services (USCIS) announced that it has received a sufficient number of H-1B
petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B
petitions filed under the advanced degree exemption category. USCIS was still
counting the number of applications received as of April 5 but the agency has
stopped accepting new applications after that date.
On Monday, April 8, 2013, USCIS further announced that it
has received approximately 124,000 H-1B petitions during the filing period,
including both regular cap and advanced degree petitions. It also confirmed that a random selection
process or “lottery” was conducted on April 7, 2013 to select cases for further
processing. The agency first conducted a lottery to select 20,000 petitions
from among the pool of advanced degree petitions received for further
processing. All advanced degree
petitions not selected were then grouped together with the other regular H-1B
petitions for a second drawing, in which 65,000 were then selected to fill the
regular cap.
has received approximately 124,000 H-1B petitions during the filing period,
including both regular cap and advanced degree petitions. It also confirmed that a random selection
process or “lottery” was conducted on April 7, 2013 to select cases for further
processing. The agency first conducted a lottery to select 20,000 petitions
from among the pool of advanced degree petitions received for further
processing. All advanced degree
petitions not selected were then grouped together with the other regular H-1B
petitions for a second drawing, in which 65,000 were then selected to fill the
regular cap.
USCIS will be sending out notices to all H-1B petitioners
and their attorneys soon. H-1B applicants should stay tuned for further
information. Lucky winners of the visa
lottery should receive a receipt notice, Form I-797, with a case number. If a case was not selected for further
processing, the petition along with all supporting documents would be returned
to the employer or attorney with a notice.
and their attorneys soon. H-1B applicants should stay tuned for further
information. Lucky winners of the visa
lottery should receive a receipt notice, Form I-797, with a case number. If a case was not selected for further
processing, the petition along with all supporting documents would be returned
to the employer or attorney with a notice.
New Immigration Bill Expected
Separately, two senior Senators have announced that a
comprehensive immigration reform proposal is likely to be completed this
week. A partisan group of senators known
as the “gang of eight” have been working together for several months to put
this new proposal together. The new bill, in
addition to border security provisions, is expected to contain an “earned
pathway” for the estimated 11 million undocumented immigrants to become U.S.
citizens. It is also expected to create a temporary
guest worker program to allow foreign workers to work in the U.S.
temporarily.
comprehensive immigration reform proposal is likely to be completed this
week. A partisan group of senators known
as the “gang of eight” have been working together for several months to put
this new proposal together. The new bill, in
addition to border security provisions, is expected to contain an “earned
pathway” for the estimated 11 million undocumented immigrants to become U.S.
citizens. It is also expected to create a temporary
guest worker program to allow foreign workers to work in the U.S.
temporarily.
The new proposal is also expected to provide faster and more
efficient mechanisms for high-tech and other skilled workers to obtain work
visas and permanent resident status.
Currently, the H-1B program is limited by an annual visa cap. For instance, employers who fail to secure a
visa number this year for an H-1B worker must wait another 18 months before securing
the services of skilled foreign worker.
In the fast-changing business world, 18 months could mean light
years. Similarly, it could take up to 10
years or longer for certain foreign skilled workers or managers to apply for a
green card under the current system. The
new bill is expected to address these issues as well. However, until it is
finally passed by Congress and signed into law by the President, this new bill
will only be a proposal and should not be relied upon.
efficient mechanisms for high-tech and other skilled workers to obtain work
visas and permanent resident status.
Currently, the H-1B program is limited by an annual visa cap. For instance, employers who fail to secure a
visa number this year for an H-1B worker must wait another 18 months before securing
the services of skilled foreign worker.
In the fast-changing business world, 18 months could mean light
years. Similarly, it could take up to 10
years or longer for certain foreign skilled workers or managers to apply for a
green card under the current system. The
new bill is expected to address these issues as well. However, until it is
finally passed by Congress and signed into law by the President, this new bill
will only be a proposal and should not be relied upon.
on Sat, 04/20/2013 - 11:10 by Legal Reporter (not verified)
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