H-1B Visa Cap to Reach by Thanksgiving?
urge our clients who wish to file cap-subject H-1B visas to take
action, as our statistical analysis shows the cap will be reached by the
end of this month.
firm tracks the progress of H-1B consumption each year. Since
2009, the H-1B visa consumption has drastically slowed when compared to
prior years, indicating a sluggish economy and an abundance of
US workers to fill highly skilled jobs. This year, however, there
is a definite acceleration of the H-1B usage indicating a much hoped
for economic recovery.
of the more confusing concepts of H-1B visa science is the manner in
which "new" H-1B (or as we refer to them, "cap-subject") visas are used
up each year. So, I thought it might be a good idea to do a short
refresher article on how H-1B visas are issued annually and how they are
The Federal Fiscal Year and Cap
1st marks the begriming of the federal fiscal year when, among
other things, the US government makes available to employers 65,000
new H-1B visas to employ foreign nationals in "Specialty Occupations"
who possess at least a bachelor's degree or higher. In addition,
20,000 new H-1B visas are also simultaneously made available and
reserved for those foreign nationals who possess a master's degree from
an accredited US institution of higher learning. Hence, we are now
in federal fiscal year 2012 which began on October 1, 2011 and we had
85,000 new H-1B visas for the picking.
to regulations, employers can begin to file H-1B visa
petitions for employees no sooner than 6 months prior to the
effective date of their H-1B visa. On that basis, April 1 of each
year is the first opportunity that employers may file H-1B visa
petitions for foreign national employees who would begin their
new status on October 1 of the same year. Employers were
able to start petitioning on April 1, 2011, but were slow to consume all
85,000 available visas, in contrast to years prior to
2009. As of July 2011, however, there was a marked
acceleration in the consumption of H-1B visas. Read more
|Shihab Assists in Facilitating Naturalization Ceremony at the 2011 Columbus International Festival.|
Law Firm of Shihab & Associates was contacted by executives from
the Columbus International Festival and asked to communicate with the
appropriate governmental agencies and tribunals in order to hold a naturalization "swearing-in" ceremony at the upcoming
Festival on November 5th and 6th in Vets Memorial , Columbus,
Ohio. Attorney Gus Shihab, having been the Chair of the Ohio
Chapter for the American Immigration Lawyers Association, contacted key
officials at the US Citizenship & Immigration Service and the US
District Court for the Southern District of Ohio and
able to facilitate the swearing in ceremony for almost 200 foreign
nationals on Saturday November 6, 2011. Come and visit the
Columbus International Festival and to witness this historic
To register online please click here
New Immigration Legislation: Fairness for High-Skilled Immigrants Act
Eliminating Employment Based Petition Backlogs
September 2011, Representative Chaffetz (R-UT) introduced H.R. 3012,
and bill that would eliminate the per-country quota currently built into
the employment based immigration system by federal fiscal year 2015.
The bill would also raise the family sponsored per-country quota from 7%
to 15%. If passed, this legislation would cause the employment
based preference categories to become "current" for all foreign
nationals later in 2014. In other words, there would be no
different permanent residence processing times depending on nationality.
For example, Indian nationals would be processed at the same time as a
British National, or anyone else. In addition, this legislation
would also more than double the number of visas currently available in
the family based preference category. When introduced, this bill
was viewed as "pie in the sky" legislation. However, it has recently
gotten some traction.
October 27, 2011, the House Judiciary Committee held a markup and H.R.
3012 was reported favorably out of committee by a voice vote. An
amendment from Rep. Lofgren (D-CA) that would make adjustments to the
three year phase-in period was accepted. H.R. 3012 must next be
scheduled for House floor debate which may occur in the next few weeks. Read more.
EB-3 to EB-2 Conversion Update.
What is "Interfiling?"
are seeing a large influx of permanent residence applications from
clients wanting to convert their EB-3 case to an EB-2. We are
hosting a webinar on this topic, as we consider right now the ideal time
to process such conversions. If you currently have an approved
I-140 with a priority date which would cause an EB-2 petition to become
current, you should pursue a new permanent residence application based
you currently have an application for adjustment of status pending,
there is no need to file a new I-485 with the new EB-2 petition thanks
to a novel procedure known as interfiling. Interfiling means that
you would utilize your current adjustment application which was
previously filed on the basis of a lower preference category to continue
to be processed on the basis of a new I-140 with a higher preference
category. This is a significant cost saving for families who may
have 3 or more applications for adjustment of status pending based on a
prior EB-3 petition. Interfiling would allow you to process your
EB-2 PERM and I-140 then "interfile" your pending I-485 to the newly
approved EB-2. Please call us to discuss this matter more or
attend our upcoming webinar.
To register for the webinar click here
Gus Shihab, Esq.
|Shihab Immigration Blog |
Follow the Shihab Immigration Blog for up-to-date analysis and interpretation on the visa and immigration law issues and processes.
US Immigration laws are currently in state of constant flux and change. Visit the Shihab Immigration Blog at least once a week to keep abreast of this complex and ever changing area.
Call our law firm today for a free in depth analysis of your immigration law issue.
Shihab Webinar Series
Converting Your EB-3 Green Card to EB-2