H-1B Cap update – USCIS reports 233,000 H-1B petitions received

News Release from Jewell & Associates, PC On April 7 USCIS announced that it received approximately 233,000 H-1B petitions in the filing period that began on April 1. Today USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for the 20,000 set-aside for beneficiaries with U.S. advanced degrees first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell & Associates, PC 2015

H-1B Cap update – USCIS reports 172,500 H-1B petitions received

News Release from Jewell & Associates, PC

Today USCIS announced that it received approximately 172,500 H-1B petitions in the filing period that began on April 1. On April 10 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell & Associates, PC 2014

H-1B Cap reached, lottery triggered

News Release from Jewell & Associates, PC

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2015 cap or the advanced degree exemption after today.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2015 cap-subject petitions received through April 7, 2014. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process.

USCIS is expected to provide more detailed information about the H-1B cap soon.

© Jewell & Associates, PC 2014

H-1B Cap update – USCIS reports 124,000 H-1B petitions received

News Release from Jewell & Associates, PC

Today USCIS announced that it received approximately 124,000 H-1B petitions between April 1 and April 5. It was the first time the statutory H-1B cap of 85,000 (including 20,000 available under the advanced degree exemption) was reached within the first week of the filing period since 2008.

On April 7 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell & Associates, PC 2013

H-1B Cap reached, lottery triggered

News Release from Jewell & Associates, PC

U.S. Citizenship and Immigration Services (USCIS) announced today 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 on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption after today.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS will not currently provide the total number of petitions received, as it continues to accept filings through April 5th.

USCIS will provide more detailed information about the H-1B cap next week.

© Jewell & Associates, PC 2013

Worldwide Deployment of Form DS-160 for Nonimmigrant Visa Applications

News Release from Jewell & Associates, PC - February 23, 2010

As part of the Stare Department’s ongoing modernization of the visa application process, it is deploying the DS-160 fully web-based nonimmigrant visa (NIV) application form worldwide.  The DS-160 has been used at twenty-four U.S. consular posts so far, and will be expanded to complete global usage for all NIVs except K visas.  The expansion will take place in two phases, with many consular posts requiring the DS-160 as of March 1, 2010, and the remaining consular posts requiring the DS-160 no later than April 30, 2010.

The DS-160 form combines all information previously collected on the DS-156, 157, and 158 for appropriate applicants, and the DS-3052.  Applicants for "E" class treaty trader NIVs will complete the DS-160 and have to fill out a hard copy DS-156E until the DS-160E electronic form is fielded in the near future. Until further notice, K visa applicants should continue to use the DS-156 and DS-156K instead of the DS-160.

© Jewell & Associates, PC 2010

H-1B Cap for FY2011 (10/1/2010 through 9/30/2011)

News Release from Jewell & Associates, PC - January 29, 2010

Congress has established an annual H-1B cap of 65,000. Of that number, 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements. The total H-1B cap number available in a given fiscal year is therefore 58,200 (65,000 minus 6,800). The law provides that any of the unused Chile/Singapore numbers from a fiscal year be reallocated for use in the subsequent fiscal year. Therefore, the unused Chile/Singapore H-1B1s from the prior fiscal year are added to the 58,200 regular cap numbers available for each new fiscal year.  (This excludes the 20,000 cap exemption for holders of U.S. graduate degrees, which effectively adds another 20,000 to the H-1Bs available each year.)

Thus, the FY 2011 cap (i.e., new H-1Bs that will take effect between 10/1/2010 and 9/30/2011), to be allocated beginning in April 2010, will be based on the same formula: Subtract 6,800 for the FY 2011 H-1B1 reservation from 65,000, then add back in the unused H-1B1 numbers from FY 2010, based either on projected H-1B1 usage to the end of FY 2010, or on actual determined usage during that year, depending on when the cap is hit. In FY 2010 to date (January 2010), 129 of the 6,800 numbers have been used.

© Jewell & Associates, PC 2010

H-1B Cap Is Reached for FY2010

News Release from Jewell & Associates, PC - December 22, 2009 On Tuesday, December 22, 2009, USCIS announced that the H-1B cap was reached.  All cap-subject H-1B petitions received at USCIS before Monday, December 21^st “made the cap.”  Cap-subject H-1B petitions received on Monday, December 21^st will be subject to a computer-generated random selection process to determine which of them “made the cap” and which will be returned to the petitioners un-filed.  All cap-subject H-1B petitions received after Monday, December 21^st will be returned to the petitioners un-filed.

© Jewell & Associates, PC 2009

H-1B Cap Update for FY2010

News Release from Jewell & Associates, PC - December 17, 2009

As of Tuesday, December 15, 2009, approximately 84,200 H-1B cap-subject petitions had been received and counted towards the H-1B cap.  This means that only 100 H-1Bs were still available as of yesterday, December 16th.  Accordingly, we expect an announcement from USCIS in the next few days that the cap has been reached.

© Jewell & Associates, PC 2009

H-1B Cap Update for FY2010

News Release from Jewell & Associates, PC - December 4, 2009

As of Friday, December 4, 2009, approximately 81,100 H-1B cap-subject petitions had been received and counted towards the H-1B cap.  This means that 3,200 H-1Bs are still available.  If the recent rate of use continues to accelerate, cap-subject H-1B petitions are likely to be accepted only for about one more week.

© Jewell & Associates, PC 2009