F2A is no longer current

As our firm predicted, F2A, the family based category for green cards was no longer current in October.

The F2A refers to the minor unmarried children and spouses of green card holders which was current from August 1 through September 30, 2013, but it will retrogress for October and probably for much longer after that.

Green Card Spouse and Children: F2A remains current

Green card holder’s spouse and children under 21 years old which called F2A category starting from August 1 remain current. Current means there is currently no line in this category and the green card holders can apply their spouse and children under 21 for green card.

However, it is likely to remain current only until November. This is because once enough applications have been accepted, then it is very likely to retrogress which means the line will come back as before. And once the line come back, the expectation for F2A is continuing to move forward slowly. How far it retrogress depends on how many applications are filed in the next few months. Therefore, there will be no surprise even if the line comes back in October.

Green Card Lottery likely going to be cancelled

Green Card Lottery could be cancelled if the Congress passes the current immigration reform plan. 

The lottery program also known as the diversity visa starts in 1995 from the Immigration Act of 1990. It is relatively small, granting about 50,000 visas compared to other new green cards issued each year. The lottery plans to diversify the immigrant population in the United States. The lucky winners need to pass a background check, but need only a high school degree or equivalency to qualify.  Under the proposed immigration reform program, the diversity visa might be eliminated. 

H1B Selection Rate

USCIS announced that they have received about 124,000 H-1B petitions from April 1 to 5. Using a denial rate of 15%, this means that USCIS should select about 100,000 H-1B petitions in the lottery so the overall selection rate is about 80%.

2014 H-1B Cap Reached

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 advanced degree exemption.

H1B Update

As you are aware, there are a limited number of H-1B visas available each year: 20,000 under the master's degree cap and 65,000 under the regular cap. In the past few years, the quota has been reached months after April 1st, the first day H-1B petitions are accepted for the upcoming fiscal year. Last year the quota was reached on June 11, 2012. This year there is a chance the quota is reached in the first week. 

Under current regulations, the USCIS must accept H1B cap-subject cases during the first five business days in April. If the cap is reached or exceeded in the first five days, no more cases can be filed toward the cap until the next fiscal year. 

USCIS Reaches Fiscal Year 2013 H-1B Cap

USCIS Reaches Fiscal Year 2013 H-1B Cap

USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013.

2013 H-1B Cap Running Out

As of May 25, 2012 the fiscal year 2013 H-1B cap count is as follows:

·        H-1B Regular cap – 48,400 cap eligible petitions towards cap of 65,000

·        H-1B Master’s Degree cap – 17,500 cap eligible petition towards cap of 20,000

The master’s and regular cap will likely be reached in 1-3 weeks. If your employer is still thinking about filing an H-1B petition, they will need to decide as soon as possible. The absolute minimum time it takes to prepare an H-1B case is one week if everything goes right.

People that do not need to be concerned about the H-1B cap are: