H-1B CAP MET JUNE 11 2012
FY 2013 H-1B Cap
On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.
VISA INTERVIEW WAIVER PROGRAM AT US CONSULAR GENERAL, HYDERABAD
INTERVIEW WAIVER PROGRAM
- This pilot program permits consular officers to waive interviews for qualified nonimmigrant applicants worldwide who are renewing their visa within 48 months of the expiration of their previously held visa, and within the same classification as the previous visa.
- Embassies and consulates have been instructed to begin implementing this pilot program immediately.
- This pilot does not entitle any applicant to a waiver of personal appearance. Consular officers will retain the authority to interview any applicant who they determine requires a personal appearance.
In order to qualify, All of the following must be true:
FY 2013 H-1B Cap Count – As of July 1, 2012
FY 2013 H-1B Cap Count
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 55,600 | 06/01/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 18,700 | 06/01/2012 |
H-1B Fiscal Year 2013 Cap Count – As of 05/25/2012
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 48,400 | 05/25/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 17,500 | 05/25/2012 |
USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition
Via USCIS
WASHINGTON—U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.
In the case at issue, the Skirball Cultural Center filed a P-3 nonimmigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review.
USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by-case factual determination. The decision clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region.
Precedent decisions support USCIS’s commitment to consistency in the administration of immigration benefits. This is the third precedent decision issued since late 2010. Selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), with the Attorney General’s concurrence, precedent decisions are administrative decisions that are legally binding on DHS components responsible for enforcing immigration laws in all proceedings involving the same issue.
USCIS issues (late) notice on Temporary Delays in Issuance of I-129 Receipt Notices
Via USCIS
“Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.
Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on our Contact Us Web page. This is a temporary situation and we apologize for any inconvenience this may cause. “
H-1B Fiscal Year (FY) 2013 Cap Count – As of May 18, 2012
FY 2013 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
42,000 |
05/18/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
16,000 |
05/18/2012 |
USCIS Launches Online Immigration System, USCIS ELIS
Via USCIS
Information on Consulates’ use of 221(g) refusals
US Supreme Court’s transcript of Arizona v. United States (SB 1070)
DOS indicates no changes in student visa policy or adjudication with regards to Indian students
Frequently Asked Questions about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens
via ice.gov
I was ordered removed, and am scheduled to be removed soon. How will this affect my appeal of
my case, which is pending before the U.S. circuit court of appeals?
As explained in ICE Policy Directive Number 11061.1,
Facilitating the Return to the United States of Certain Lawfully Removed
Aliens, an alien who appeals his or her final order of removal to a federal
circuit court of appeals may continue to litigate his or her case after being
removed from the United States. Your removal will not affect your
right to continue to pursue your case before the court. Although you may be
abroad for the pendency of your case, the court of appeals that is currently
reviewing your petition for review will nevertheless be able to review and make
a decision on your case while you are not in the United States. In order to ensure
that you receive notice of the decision entered by the court in your case, you
should follow the court’s procedures for providing updated address and contact
information.
The U.S. Immigration Law Blog by Ashwin Sharma 
Tech firms triple their recruitment rate for H-1B workers, H-1B visa opponents find their voices again
An accurate and balanced article by Matt O’Brien of the San Jose Mercury News indicates that IT firms’ hiring of H-1B workers has tripled this year, a fact that doesn’t yet indicate a thing to Kim Berry, H-1B opponent and president of the Programmers Guild. Mr. Berry instead quickly moves to politicize the discussion by characterizing H-1B workers as “cheaper not better,” and by referring to H-1B employers as “penny pinchers.”
Mr. Berry is either uninformed or conveniently ignoring the fact that H-1B employers can pay an initial government fee of up to $5,550.00 to file one H-1B petition on behalf of a foreign professional. This amount does not include attorney fees or any guarantees. Mr. Berry’s statements also do not take into consideration the many intellectual and business contributions that H-1B and ex-H-1B workers have made to better his home State of California.
Mr. O’Brien’s article includes a succinct description of President Obama and Mitt Romney’s views on the H-1B program. “Romney’s economic plan proposes raising the visa caps for highly skilled foreign workers,” while President Obama “has not articulated any major changes to the H-1B program.” The latter statement could also have read: ‘…no more major changes have been articulated beyond the near doubling of H-1B filing fees for certain firms, as implemented by this Administration’s Public Law 111-230, and the unchecked increase in unjustified denials, audits and requests for evidence issued of late by the USCIS and US Consulates.’
– Ashwin Sharma, Esq.