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November 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

October 18, 2016 Leave a comment

U.S. Citizenship and Immigration Services recently stated that for the month of November, it will use the State Dept.’s  November Visa Bulletin DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS for employment-based first through fourth preference category, and for employment-based fifth preference category, the FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES to be used.  Hereunder, State Dept.’s November Filing Dates Chart is provided:

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C C C C C
2nd C 01MAR13 22APR09 C C
3rd C 01MAY14 01JUL05 C 01SEP13
Other Workers C 01AUG09 01JUL05 C 01SEP13
4th C C C C C
Certain Religious Workers C C C C C
5th
Non-Regional
Center
(C5 and T5)
C 15JUN14 C C C
5th
Regional
Center
(I5 and R5)
C 15JUN14 C C C

October 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

September 23, 2016 Leave a comment
mployment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C C C C C
2nd C 01MAR13 22APR09 C C
3rd C 01MAY14 01JUL05 C 01SEP13
Other Workers C 01AUG09 01JUL05 C 01SEP13
4th C C C C C
Certain Religious Workers C C C C C
5th
Non-Regional
Center
(C5 and T5)
C 15JUN14 C C C
5th
Regional
Center
(I5 and R5)
C 15JUN14 C C C

USCIS received over 236,000 H-1B petitions in April 2016

April 20, 2016 Leave a comment

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

April 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

March 12, 2016 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 01JUN13 01JUL09 C C
3rd C 01MAY15 01JUL05 C 01JAN10
Other Workers C 01AUG07 01JUL05 C 01JAN10
4th C C C C C
Certain Religious
Workers
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C

H-1B & L-1 Fee Increase

December 22, 2015 Leave a comment

On December 18, 2015, President Obama signed into law the Omnibus Appropriations Bill for 2016. The U.S. Senate adopted the Omnibus Appropriations Act (the “Act”) by a vote of 65-33; the House did so by a 316-113.

H-1B & L-1 Fee Increase

The Act includes, among other things, the following changes to the currently expired H-1B/L-1 fees for companies with more than 50 employees and companies where 50% or more of the employees hold H-1B or L-1 status:

  • Additional L-1 fees for companies with more than 50 employees and where 50% or more of the total employees are in H or L status increase from $2,250 to $4,500;
  • Additional H-1B fees for companies with more than 50 employees and where 50% or more of the total employees are in H or L status increase from $2,000 to $4,000;
  • Fees must be paid on initial petitions as well as extension petitions;
  • Fees are authorized for ten years, running through September 30, 2025;
  • The funds generated by these fees will be split between the 9-11 programs and the Biometric Entry-Exit program;
  • The addl. fee goes into effect immediately.  In fact, the US Consulates in India are already charging it.

Fees Breakdown

While we await the final guidance from USCIS on the precise fees to be paid, the following appears to be the breakdown:

  • H-1B initial filing: $325* + $1500** + $4000*** + $500**** = $6325
  • H-1B first extension: $325 + $1500 + $4000 = $5825
  • H-1B second/subsequent extension: $325 + $4000 = $4325
  • L-1 initial filing: $325 + 4500 + 500 = $5325
  • L-1 first or subsequent extension: $325 + $4500 = $4825

*Form I-129 Fee

**ACWIA H-1B training Fee

*** 9-11 Response and Biometric Entry-Exit Fee

****Fraud Detection and Prevention Fee

Precise fee details will be posted on this blog once there is guidance from USCIS.

December 2015 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

November 12, 2015 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 01JAN13 01JUL09 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN10
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN10
4th C C C C C
Certain Religious
Workers
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications for the Remainder of FY 2015

September 25, 2015 Leave a comment

Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.  This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).

USCIS will continue to accept adjustment of status applications that are filed when the foreign national’s priority date is earlier than the cut-off date published in the September Visa Bulletin for his or her preference category and country of birth/chargeability. USCIS will resume final adjudication of employment-based adjustment applications beginning October 1, 2015, when visa numbers are again available.

Applicants filing Form I-485 on or after October 1, 2015, should review the “When to File” section on the Visa Bulletin Info Web page to determine whether they are eligible to file Form I-485.

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