May 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

April 18, 2014 Leave a comment
Employment- Based

All Chargeability Areas Except Those Listed

China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15APR09 15NOV04 C C
3rd 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07
Other Workers 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07
4th C C C C C
Certain Religious Workers C C C C C

5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs

C C C C C

April 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

March 8, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08MAR09 15NOV04 C C
3rd 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07
Other Workers 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs C C C C C

How to determine if your Company is an H-1B Dependent Employer

February 14, 2014 Leave a comment

An employer is considered H-1B dependent if it has in the U.S.:

(a) 25 or fewer full-time equivalent (“FTE”) employees and more than 7 H-1B employees;

(b) between 26 and 50 FTE employees and more than 12 H-1B employees; or

(c) at least 51 FTE employees and a number of H-1B employees equal to at least 15% of the employer’s FTE employees. In counting the number of FTE employees for this purpose, H-1B employees are included.

Unlawful Presence in the context of Appeal or MTR

February 14, 2014 Leave a comment

If an H-1B or an L-1 EOS (extension of Stay) or COS (Change of Status) has been denied by USCIS, ULP (Unlawful Presence) will start to accrue from the date of I-94 expiration. And if the individual was admitted for duration of status (such as an F-1 or J-1 individuals to H-1B type cases), ULP will begin to accrue on the day after the EOS/COS denial.

MTR-Specific: If the individual files an MTR (Motion to Reopen/Reconsider), the mere filing of the motion will not stop the accrual of ULP. However, if the motion is successful (i.e. reopened and approved) and the benefit is granted, the individual will be deemed to not have accrued ULP during the pendency of the motion. If the motion is successful but the benefit is still denied, ULP will only accrue from the date of the last denial, as long as the initial request was timely and non-frivolous.

Appeal-Specific: If there is denial of the underlying H or L petition, upon which an EOS/COS is based, is appealed to the Administrative Appeals Office, the mere filing of the appeal will not stop the accumulation of ULP. However, if the petition denial is reversed on appeal, and EOS/COS subsequently granted, no ULP will be deemed to have accrued between the denial of the petition and request for EOS/COS and the subsequent grant of the EOS/COS.

Thus, given that it is unpredictable what the outcome of a filed MTR or an appeal is going to be, whether they will be accepted or not, and because of the fact that ULP begins to accrue from the time of I-94 expiration in most cases, it is prudent that employees whose H or L has been denied consider leaving the U.S. upon being notified of such denial to avoid accruing ULP.

ULP in the US for more than 180 days and less than 365 days results in a three-year bar from reentering the U.S.  ULP of more than one year will result in a ten-year bar.  This is also commonly known as 3/10 year bar.

H-1B Cap Filings Begin Tuesday, April 1, 2014

February 14, 2014 Leave a comment

April 1 is only a few weeks away.  Even though H-1B filings begin the first business day, which is Tuesday, April 1, 2014, the H-1B individuals will not be able to arrive in the United States until late 2014 (Sep/Oct) or early 2015 to work for you (given the delays at Consulates).  Here are some thoughts:

Monday, March 31, 2014 is when we could begin shipping H-1B cases to USCIS with an employment start date of October 1, 2014.

Just as last year, the Labor Condition Application (“LCA”) which is required as part of filing of an H-1B petition, is actually taking up to 7 days to be certified. Thus, if you would like to file an H-1B petition on or shortly after April 1, 2014, leave at least three-four weeks of buffer time between document transmittal to our office, preparation, LCA processing delays, etc.  Moreover, things that are beyond our control such as US government shutdown or such similar event, which resulted in LCA website being down for about a month in 2013 could happen again.

Remember that the regular H-1B quota is 58,200, not 65,000.  This is because 6,800 out of 65,000 are allotted for Chile and Singapore. In addition, there will be 20,000 H-1B available for potential employees who have earned a U.S. masters or a higher degree.

We strongly advise that you discuss with us at the earliest convenience about the upcoming H-1B cap filings.  Attached are H-1B Worksheets for you to start working on sending us the cases.    USCIS Filing Fee Schedule is attached for your convenience. 

March 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

February 14, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15FEB09 15NOV04 C C
3rd 01SEP12 01SEP12 15SEP03 01SEP12 01MAY07
Other Workers 01SEP12 01SEP12 15SEP03 01SEP12 01MAY07
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C C C C C

February 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

January 16, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08JAN09 15NOV04 C C
3rd 01JUN12 01JUN12 01SEP03 01JUN12 15APR07
Other Workers 01JUN12 01JUN12 01SEP03 01JUN12 15APR07
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C C C C C
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