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Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label H-1B cap;. Show all posts
Showing posts with label H-1B cap;. Show all posts

Tuesday, May 24, 2011

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 10,200 H-1B Regular Cap, and 7,300 H-1B Master’s Exemption.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window had been undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, April 27, 2011

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

The U.S. Citizenship and Immigration Services (USCIS) has received 7,100 H-1B Regular Cap, and 5,100 H-1B Master’s Exemption 20,000, as of April 15, 2011. These numbers include cases that are still pending or have been approved but do not include petitions that have been denied.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, March 11, 2011

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

The ground-breaking H-1B Electronic Registration System is finally being proposed for implementation for H-1B petitions that are subject to the statutory annual visa cap, after lengthy discussions.

An H-1B petition is a temporary work visa for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status. Annually, there are 65,000 H-1B visa numbers; and an additional 20,000 H-1B cap-exempt petitions under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status, or H-1B petitions filed by certain types of employers, are exempt from the annual visa cap.

The H-1B Electronic Registration System serves to reduce costs and increase efficiency, to the U.S. Citizenship and Immigration Services (USCIS) and potential H-1B employers, in the pre-and initial filing stages of H-1B cap petitions (including the online stage of labor condition applications to the U.S. Department of Labor).

Once implemented, the H-1B Electronic Registration System would allow employers interested in filing H-1B petitions subject to the statutory visa cap to register electronically with the USCIS. The estimated time to complete the registration of an H-1B in this System is 30 minutes. Using this H-1B Electronic Registration System, the USCIS would select the number of registrations predicted to exhaust all available visas before the petition filing period begins (filing period for H-1B cap petitions starts on April 1 each year, until the H-1B visa numbers are exhausted – the requested employment start-date for the H-1B cap petition would be no earlier than October 1 in the same year). The employers would then file their petitions only for the registered H-1B cap petitions that have been selected for visa numbers.

Under the proposed H-1B Electronic Registration System, petitioners would have 60 or more days from the date of notification of selection (“selection notice”) to properly file (i.e. send the H-1B package to the USCIS) a completed H-1B petition for the named beneficiary. USCIS would state the applicable filing deadline in each selection notice. The USCIS would reject a selected H-1B petition (and return the associated filing fees) that is filed outside the stipulated filing deadline on the selection notice.

Potential H-1B cap candidates who are not selected in a given annual visa cap have the options to have their H-1B cap petitions submitted to the USCIS in the next fiscal year. The H-1B visa cap fiscal year starts on October 1 each year, and the H-1B cap petitions filing period begins on April 1 each year. In addition, non-selected H-1B cap candidates can consider other immigration options such as eligibility for self-petition green cards.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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