Tag Archives: h1b news

H-1B Visa 2013 Summary

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While technically we haven’t reached the end of the H-1B visa season for FY-2014 it is essentially over as this year in the first week of April 2013, the USCIS announced it had received 124,000 H-1B applications and that it would no longer accept anymore.

The H-1B visa lottery was instituted for the first time since 2008 to allocate the visa given the 65,000 regular cap and 20,000 advanced degree exemption extra quota. Premium processing began on April 15 for those applications that paid the extra $1,225 filing fee to have their applications processed within 2 weeks from commencement. Those that missed out during the lottery had their applications and fees returned and over the last few weeks those that were selected in the lottery were notified, although their actual petitions still need to be processed meaning there is still a small chance of rejection.

Below is a summary of this year compared to past year’s H-1B visa seasons. As you can see since the bad economic years of FY-2011  (during 2010) and FY-2010 (during 2009), the caps have been filling ever more quickly from January the following year to November, then June for last year’s season and now back to right away in April as we had in 2008 with oversubscription. Let’s hope things improve via US Immigration reform because no doubt the same thing will happen next year.

Cap Type FY2014 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/5/2013
H-1B Master’s Exemption 20,000 4/5/2013
Cap Type FY2013 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 6/11/2012
H-1B Master’s Exemption 20,000 6/7/2012
Cap Type FY2012 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 11/22/2011
H-1B Master’s Exemption 20,000 10/21/2011
Cap Type FY2011 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 1/26/2011
H-1B Master’s Exemption 20,000 12/31/2010
Cap Type FY2010 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 12/21/2009
H-1B Master’s Exemption 20,000 12/21/2009
Cap Type FY2009 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/7/2008
H-1B Master’s Exemption 20,000 4/7/2008
Cap Type FY2008 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/3/2007
H-1B Master’s Exemption 20,000 4/4/2007

Hopefully all of you that applied got lucky and possibly for H-1B Visa season in 2014 (FY-2015), new US Immigration reform which proposes increasing the cap to 124,000 for H-1B annually initially with further increases in subsequent years based on demand. Additionally the Green Card petitions that are currently in the system and new ones for particularly STEM graduates from US Universities may also increase along with the potential of the Startup visa.

Cj

H1B Visa News May 2010

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As an addition update for the Fy2011 H1B visa season that commenced April 1, 2010 we have had little change in the overall H1B visa quota numbers.

So as of May 14, 2010, which is the most recent h1b quota update the USCIS has announced. There are currently 19,000 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally 8,100 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Additionally this quota has not grown much since our H1B Visa April 2010 update and so our prediction of the autoa nearing exhaustion by the end of May 2010 is way off. In fact in about 40 days, the quota has only grown by about 6,000 for the main cap and about 2,500 for the advance degree exemption.

Certainly it would seem that the overall unchanged rate in the unemployment rate at the levels of close to 10% in the US overall is still having a large effect of the hiring of foreign talent.

As an additional note from the USCIS regarding Form I-907 which is used to request premium processing; (although this H1B visa season like last year, it may not really be as necessary with the H1B visa quota filling up so slowly)

H-1B petitions are eligible for the Premium Processing Service.  Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days. To request premium processing submit

  • the Form I-907 and
  • the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).

You can file the Form I-907 and corresponding fee

  • at the same time as Form I-129 or
  • at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the Form I-129 in the pertinent section of Form I-907.

  • Complete all sections of the form accurately with original signatures.  We will accept the 08/28/06, 04/02/07, 07/30/07, and the 8/10/09 editions of Form I-907 through April 30, 2010. After April 30, 2010, we will only accept the 08/10/09 edition of Form I-907.
  • The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form G-28 with the filing.  Otherwise, the petitioner’s signature is required.  Preferably, the signature(s) should be in blue ink.
  • Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is filed after the filing of Form I-129.

Also again it is good to note the change of address for sending applications here and for the official USCIS link about FY2011 H1B visa season, click here.

CJ