USCIS Updates Fiscal Year 2013 H-1B Cap as of April 20, 2012

April 25th, 2012

As of April 20, 2012, USCIS has received nearly 25,000 H-1B petitions subject to the FY 2013 bachelor’s degree cap, of which there are 65,000 visas each fiscal year. Also, USCIS has received 10,900 H-1B petitions subject to the FY 2013 US master’s degree cap, of which there are 20,000 visas each fiscal year.  If the master’s cap is reached, USCIS has stated that any petitions filed on behalf of aliens with an advanced US degree will be counted toward the general 65,000 H-1B cap.  These numbers are still moving very slowly and it appears that the cap may not be reached until the end of this year or even later, since the numbers moved by only 1,000 for the bachelor’s cap in one week.

Once these numbers are exhausted, then new petitions subject to the cap can be filed as early as April 1, 2013, requesting a start date of October 1, 2013.

Approval of L-1B Specialized Knowledge Intracompany Transferee Visas

April 20th, 2012

“Remarkably” I was able to recently obtain approvals for several L-1B specialized knowledge petitions for an IT company.  It was remarkable since USCIS has created such a narrowly restrictive interpretation of specialized knowledge and now defines specialized knowledge as knowledge that is unique or rare in an organization.  They pulled this from an old dusty case that should never have been brought back to life.  What was the purpose of renewing such a rigid view?  Is it politics or USCIS’s unreasonable fear of rampant fraud?  How are US employers supposed to help grow the economy and create jobs if H-1B numbers are capped and L-1Bs are virtually impossible to obtain?  Even in this weak economy, there are many skilled positions that are going unfilled because of a dearth of US workers with advanced skills.  With foreign nationals now deciding to stay in or return to their home countries such as India and China, because of their growing economies, we must become more competitive and try to attract as many necessary and highly educated and skilled workers as possible.

USCIS Updates Fiscal Year 2013 H-1B Cap Count as of April 13, 2012

April 20th, 2012

As of April 13, 2012, USCIS has received approximately 20,600 H-1B petitions subject to the FY 2013 bachelor’s degree cap, of which there are 65,000 visas
each fiscal year. Also, USCIS has received 9,700 H-1B petitions subject to the FY 2013 US master’s degree cap, of which there are 20,000 visas each fiscal year.  If the master’s cap is reached, USCIS has stated that any petitions filed on behalf of aliens with an advanced US degree will be counted toward the general 65,000 H-1B cap.  These numbers are still moving very slowly and it appears that the cap may not be reached until the end of this year or even later, since the numbers moved by only 1,000 for the bachelor’s cap in one week.

Once these numbers are exhausted, then new petitions subject to the cap can be filed as early as April 1, 2013, requesting a start date of October 1, 2013.