As of May 11, 2012, USCIS had received approximately 36,700 FY2013 H-1B cap-subject petitions subject to the regular 65,000 cap (for beneficiaries without a US advanced degree), and approximately 14,800 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees. USCIS began accepting FY2013 H-1B petitions April 2, 2012, and is still accepting cap-subject FY2013 H-1B petitions. FY2013 is the government fiscal year beginning October 1, 2012, and ending September 30, 2013.

Since the rate of FY2013 H-1B filing is likely to speed up as the number of H-1B visas available diminishes, we urge employers to file H-1B visas for the coming year as soon as possible. The FY2013 H-1B cap is likely to be exhausted in early summer 2013, and once the H-1B cap is reached, cap-subject H-1Bs will not be available again until October 1, 2013.

Most employers, except for academic institutions and their affiliates or government research institutions, are subject to the H-1B cap. However, since H-1B holders who have already been counted against the annual H-1B cap in the last 6 years are not subject to the H-1B cap again, H-1B holders who already have an H-1B with a cap-subject employer may transfer their H-1B to another employer.

FY2013 H-1B Cap Updates

As mentioned previously, as FY2013 H-1B filing continues following the April 02, 2012, opening of FY2013 H-1B filing, USCIS will provide regular updates on the processing of FY2013 H-1B petitions that are subject to the annual H-1B cap. When USCIS receives a sufficient number of FY2013 H-1B petitions to meet the annual H-1B cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of cap-subject FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether or not an H-1B petition is received by the final receipt date will be determined by the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial 5-day filing window following the first date to file FY2013 H-1B petitions (April 2, 2012) underwent a 15-day processing period beginning April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition was physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

H-1B petitions filed by employers who are exempt from the annual H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap within the past six years, will not count toward the FY2013 H-1B cap.

As of May 04, 2012, USCIS had received approximately 32,500 FY2013 H-1B cap-subject petitions subject to the regular 65,000 cap (for beneficiaries without a US advanced degree), and approximately 13,700 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees. USCIS began accepting FY2013 H-1B petitions April 2, 2012, and is still accepting cap-subject FY2013 H-1B petitions. FY2013 is the government fiscal year beginning October 1, 2012, and ending September 30, 2013.

Since the rate of FY2013 H-1B filing is likely to speed up as the number of H-1B visas available diminishes, we urge employers to file H-1B visas for the coming year as soon as possible. The FY2013 H-1B cap is likely to be exhausted in approximately June 2013, and once the H-1B cap is reached, cap-subject H-1Bs will not be available again until October 1, 2013.

Most employers, except for academic institutions and their affiliates or government research institutions, are subject to the H-1B cap. However, since H-1B holders who have already been counted against the annual H-1B cap in the last 6 years are not subject to the H-1B cap again, H-1B holders who already have an H-1B with a cap-subject employer may transfer their H-1B to another employer.

FY2013 H-1B Cap Updates

As mentioned previously, as FY2013 H-1B filing continues following the April 02, 2012, opening of FY2013 H-1B filing, USCIS will provide regular updates on the processing of FY2013 H-1B petitions that are subject to the annual H-1B cap. When USCIS receives a sufficient number of FY2013 H-1B petitions to meet the annual H-1B cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of cap-subject FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether or not an H-1B petition is received by the final receipt date will be determined by the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial five-day filing window following the first date to file FY2013 H-1B petitions (April 2, 2012) underwent a 15-day processing period that began on April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition was physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

H-1B petitions filed by employers who are exempt from the annual H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap within the past six years, will not count toward the FY2013 H-1B cap.

As of April 27, 2012, USCIS had received approximately 29,200 FY2013 H-1B cap-subject petitions subject to the regular 65,000 cap (for beneficiaries without a US advanced degree), and approximately 12,300 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees. USCIS began accepting FY2013 H-1B petitions on April 2, 2012, and is still accepting cap-subject FY2013 H-1B petitions.

FY2013 H-1B Cap Updates

As mentioned previously, as FY2013 H-1B filing continues following the April 02, 2012, opening of FY2013 H-1B filing, USCIS will provide regular updates on the processing of FY2013 H-1B petitions that are subject to the annual H-1B cap. When USCIS receives a sufficient number of FY2013 H-1B petitions to meet the annual H-1B cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of cap-subject FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether or not an H-1B petition is received by the final receipt date will be determined by the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial five-day filing window following the first date to file FY2013 H-1B petitions (April 2, 2012) underwent a 15-day processing period that began on April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition was physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

H-1B petitions filed by employers who are exempt from the annual H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap within the past six years, will not count toward the FY2013 H-1B cap.

As of April 20, 2012, USCIS had received approximately 25,000 FY2013 H-1B cap-subject petitions subject to the regular 65,000 cap (for beneficiaries without a US advanced degree), and approximately 10,900 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees. The agency began accepting FY2013 H-1B petitions on April 2, 2012, and is still accepting cap-subject FY2013 H-1B petitions.

FY2013 H-1B Cap Updates

As we have mentioned in previous posts, as FY2013 H-1B filing continues, USCIS will provide regular updates on the processing of FY2013 H-1B petitions that are subject to the annual H-1B cap. When USCIS receives enough FY2013 H-1B petitions to meet the annual H-1B cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of cap-subject FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether an H-1B petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial five-day filing window following the first date to file FY2013 H-1B petitions (April 2, 2012) underwent a 15-day processing period that began April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition is physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

H-1B petitions filed by employers who are exempt from the H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap within the past six years, will not count toward the FY2013 H-1B cap.

The annual limits for FY2012 China and India EB-2 have now been reached. On April 11, 2012, the State Department (DOS) notified USCIS that they would authorize no further visas for those EB-2 categories.

According to the American Immigration Lawyers Association (AILA), this is the “additional corrective action” forecast in Section D of the May 2012 Visa Bulletin.

USCIS will continue to accept I-485 adjustment applications based on cut-off dates published in the April and May 2012 Visa Bulletins. However, DOS will retain requests from USCIS service centers and field offices for EB-2 visas for China and India for authorization in FY2013, begins October 1, 2012.

As of April 13, 2012, USCIS had received approximately 20,600 FY2013 H-1B cap-subject petitions subject to the regular 65,000 cap (for beneficiaries without a US advanced degree), and approximately 9,700 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees. The agency began accepting FY2013 H-1B petitions on April 2, 2012, and is still accepting cap-subject FY2013 H-1B petitions.

FY2013 H-1B Cap Updates

As we have mentioned in previous posts, as FY2013 H-1B filing continues, USCIS will provide regular updates on the processing of FY2013 H-1B petitions that are subject to the annual H-1B cap. When USCIS receives enough FY2013 H-1B petitions to meet the annual H-1B cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of cap-subject FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether an H-1B petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial five-day filing window following the first date to file FY2013 H-1B petitions (April 2, 2012) underwent a 15-day processing period that began April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition is physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

H-1B petitions filed by employers who are exempt from the H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap within the past six years, will not count toward the FY2013 H-1B cap.

The May 2012 Visa Bulletin announces EB-2 retrogression for India and China. Due to the rapid forward movement of the EB-2 cut-off date in recent months, demand for China and India EB-2 numbers increased dramatically during that period, and at a much faster rate than DOS expected. Therefore, they have retrogressed the EB-2 cut-off date to August 15, 2007, in an attempt to hold number use within annual limits while maintaining availability for countries that have not yet reached their EB-2 per-country limit. The November 2011, January 2012, and February 2012 Visa Bulletins have each included notices alerting readers to the possibility of an EB-2 retrogression.

As additional information regarding potential EB-2 demand becomes available, DOS may take additional corrective action at any time.

DOS will make every effort to return the EB-2 China and India cut-off dates to the previously announced April 2012 date of May 1, 2010, as quickly as possible under the FY2013 annual limits, which take effect October 1, 2012. However, until late summer 2012, DOS cannot speculate on the EB-2 cut-off date that may apply at that time.

As of this date, USCIS has indicated that it will continue accepting EB-2 China and India I-485 filings based on the originally announced April 2012 cut-off date.

As of April 9, 2012, USCIS is still accepting cap-subject FY2013 H-1B petitions. The agency began accepting FY2013 H-1B petitions on April 2, 2012. As of April 9, 2012, USCIS had received approximately 17,400 FY2013 H-1B petitions subject to the 65,000 cap for regular petitions (for beneficiaries without a US advanced degree), and approximately 8,200 FY2013 H-1B petitions subject to the 20,000 cap exemption for individuals with US advanced degrees.

FY2013 H-1B Cap Updates

As the FY2013 H-1B filing progresses, USCIS will provide regular updates on the processing of FY2013 H-1B petitions. When USCIS receives enough FY2013 H-1B petitions to meet the cap, they will issue an update advising the public that the FY2013 H-1B cap has been met as of a certain date. This date is known as the “final receipt date.” Note that the date USCIS informs the public that the FY2013 H-1B cap has been reached may differ from the actual final receipt date.

FY2013 H-1B Final Receipt Date and Lottery

If necessary, USCIS may randomly select the number of FY2013 H-1B petitions received on the final receipt date that will be considered for final inclusion within the FY2013 H-1B cap. They will reject cap-subject FY2013 H-1B petitions that are not selected in this random lottery, as well as FY2013 H-1B petitions they receive after the final receipt date. Whether an H-1B petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed H-1B petition, not the date that the H-1B petition is postmarked.

FY2013 H-1B Premium Processing

Premium processing of FY2013 H-1B petitions filed during the initial five-day filing window are now undergoing a 15-day processing period that began April 9, 2012. For all other FY2013 H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed H-1B petition is physically received at the correct USCIS Service Center.

FY2013 H-1B Cap-Exempt Petitions

Meanwhile, petitions filed by employers who are exempt from the H-1B cap, as well as H-1B petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years, will not count toward the FY2013 H-1B cap.

As of April 4, 2012, USCIS had received 22,323 FY2013 cap-subject H-1B petitions for employment start dates beginning October 1, 2012 (fiscal year 2013, or FY2013, begins October 1, 2012, and ends September 30, 2013). Approximately 25% of these FY2013 H-1B petitions are for H-1B beneficiaries with US advanced degrees. According to USCIS figures, the number of H-1B petitions received in the first few days of the FY2013 H-1B season is double the number of petitions received during the first week of April 2011, FY2012 (the current fiscal year 2012, which runs October 1, 2011 through September 30, 2012).

Each fiscal year, H-1B visas are subject to an annual quota of 65,000 for regular cap-subject petitions (for beneficiaries without an advanced degree from a US academic institution), and an annual quota of 20,000 for beneficiaries with a US advanced degree.  So USCIS has received approximately 5,580 advanced degree FY2013 H-1B petitions, and 16,743 FY2013 H-1B petitions subject to the regular 65,000 annual H-1B cap.

Last year, as of April 7, 2011, USCIS reported receipt of approximately 5,900 regular H-1B petitions and 4,500 advanced degree H-1B petitions. The FY2012 H-1B cap was filled November 23, 2011, about 6 months after FY2012 filing opened on April 1, 2011, and just under two months following the beginning of fiscal year FY2012 (the current fiscal year).

Given these H-1B statistics and the apparent US economic recovery, we expect that the annual H-1B cap will be filled in the early summer of 2012. So employers who wish to obtain an H-1B with a start date of October 1, 2012 (the earliest possible cap-subject H-1B start date), should file as soon as possible to ensure receipt of an H-1B number for FY2013.

Once the annual FY2013 H-1B cap is met, absent further legislative action, H-1B numbers will not become available again until October 1, 2013 (which is the start of FY2014, with earliest date to file an H-1B petition for FY2014 being April 1, 2013).

The US Embassy New Delhi has announced that under a new initiative, in select circumstances, qualified foreign visitors who have been interviewed and thoroughly screened in conjunction with a prior US visa application may be eligible to renew their US visas without undergoing another interview. The Interview Waiver Pilot Program allows consular officers to waive interviews for qualified temporary visa applicants worldwide who are renewing their B-1 visa or B-2 visa within 48 months of the expiration of their previously held B-1 or B-2 visa, and within the same classification as the previous visa.

The US Embassy New Delhi and US Consulates throughout India have been instructed to begin implementing the Interview Waiver Pilot Program immediately.

The Interview Waiver Pilot Program does not entitle any US visa applicant to a waiver of personal appearance. US consular officers will retain the authority to interview any US visa applicant who they determine requires a personal appearance.