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Posts Tagged ‘Non-Immigrant Visa

Fiscal Years 2012 and 2013 H-2B Cap Count (updated September 24, 2012)

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The H-2B Program

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under “H-2B Non-Agricultural Workers.”

What is the H-2B Cap?

There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.   Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Persons who are exempt from the H-2B cap

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap.  Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.   Additionally petitions for the following types of workers are exempt the H-2B cap

  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
  • From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

Fiscal Years 2012 and 2013 H-2B Cap Count

As USCIS receives H-2B petitions for fiscal years 2012 and 2013, the below chart will be regularly updated

Cap Type   Cap Amount Beneficiaries Approved Beneficiaries Pending Target Beneficiaries Total Date of Last Count
H-2B: 2nd Half FY 2012  33,000 28,114 1,209 51,000 29,323 9/21/2012
H-2B: 1st Half FY 2013 33,0002 4,132 1,490 0 5,622 9/21/2012

1   Refers to the estimated number of beneficiaries needed to be included on petitions filed with USCIS to reach the H-2B cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.

2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.

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Fiscal Year 2012 H-2B Cap Count (updated July 17, 2012)

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As USCIS receives H-2B petitions for fiscal year 2012, the below chart will be regularly updated

Cap Type Cap Amount Beneficiaries Approved Beneficiaries Pending Target Beneficiaries Total Date of Last Count
FY 2012 33,000 26,679 1,819 51,000 28,498 7/13/2012
FY 2013 33,0002 308 305 0 613 7/13/2012

1   Refers to the estimated number of beneficiaries needed to be included on petitions filed with USCIS to reach the H-2B cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.

2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.

Fiscal Year 2013 H-1B Cap Count Update (updated April 17, 2012)

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As of April 13, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with advanced degrees.

USCIS Continues to accept FY 2013 H-1B petitions and our office is continuing to help clients file H-1B petitions. Please feel free to contact us with any questions or help in filing an H-1B.

Cap Eligible Petitions: This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied. Petition Target: This is the number of petitions that USCIS projects it will need for the cap to be met. Cap Amounts: The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

Written by MithrasLaw

April 17, 2012 at 4:29 pm

Visa Interview Waiver Program for Non-immigrant Visas

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Most applicants require in-person interviews with a U.S. Consular Officer when applying for a visa.  However, certain applicants may not require in-person interviews for non-immigrant visas and may apply by using the drop box service. This is a result of the Executive Order signed by President Obama in January 2012 to significantly increase legitimate travel and tourism to the United States.

Under a new initiative, in select circumstances, qualified foreign visitors who were interviewed and thoroughly screened in conjunction with a prior visa application may be eligible to renew their visas without undergoing another interview.

This pilot program permits consular officers to waive interviews for qualified non-immigrant applicants worldwide who are renewing their B1/B2 visa within 47 months of the expiration of their previously held visa, and within the same classification as the previous visa.

Embassies and Consulates have begun implementing this pilot program immediately in Russia, Beijing, Mexico,  and now three days ago in Delhi.

This program 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.

MLG will continue to monitor developments in this area and update our readers as to new posts implementing this program.

Written by MithrasLaw

March 29, 2012 at 8:20 am

U.S Consulate in Mumbai is moving to a new location

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The U.S. consulate in Mumbai is moving in the Bandra Kurla Complex this week.  The current location is closed from November 15, 2011 onwards, and the consulate will reopen at the new location on November 21, 2011.  The new office will have more services and features forty-four consular interview windows. Unfortunately, there will be no visa services in Mumbai between the 15th and 21st.

Written by MithrasLaw

November 18, 2011 at 11:03 am

India largest beneficiary of H-1B visas issued – 24% Increase in H-1B visas issued in FY 2011

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The U.S. Mission to India recently reported that H-1B (specialized skills work visa) issuances in India increased 24% between the U.S. Government’s Fiscal Year (FY) 2011 and FY2010. This marks a total increase from 54,111 issued in 2010 to 67,195 in 2011. The U.S. Government’s fiscal year extends from October through September. FY2011 recently concluded on September 30, 2011.

This 24% increase is tied to the highest ever H-1B application and issuance rates in the history of the U.S. Mission to India, and illustrates the booming nature of U.S.-India business relations. India is the single largest beneficiary of H-1B visas by a wide margin: in the past four years, applicants in India have received more than twice as many H-1B visas as the four next-highest countries combined.

Written by MithrasLaw

November 3, 2011 at 11:55 am

Administrative change for Blanket L visa processing In India to be in Effect from Decemeber 1, 2011

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Blanket L Visa processing will move to the U.S. Consulate General in Chennai on December 1, 2011.  The U.S. Consulate General in Chennai will become the sole acceptance center in India for all applications for intracompany transfers under the blanket L category as of December 1, 2011.

The U.S. Embassy in New Delhi and U.S. Consulates in Mumbai, Kolkata and Hyderabad will no longer accept or process applications for this visa category. The blanket L category includes specialized knowledge professionals, executives and managers. All other visa processing procedures remain unchanged.

Please note that spouse and children visas (L2) and individual L visas (L1B and L1A individuals) may be processed at all posts in India—Chennai, Hyderabad, Kolkata, Mumbai, and New Delhi.

Written by MithrasLaw

November 2, 2011 at 1:15 pm

Posted in Immigration

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