FY2012 H-1B Work Visa Cap Reached — Alternatives to H-1B

Many of our readers are aware that as of November 22, 2011, USCIS has received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota.  All cap-subject new H-1B petitions received by USCIS on or after November 23rd will be rejected.   Throughout the entire H-1B cap season, our office was providing weekly updates to our readers and clients on the status of the H-1B cap and our predictions (based on analyzing the H-1B demand over time) that the H-1B cap would be reached by late November 2011 turned out to be pretty accurate.

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U.S. Department of State: Consulates to Issue F-1 Visas Within 15 Days

The U.S. Department of State has announced that all U.S. embassies and consulates will expedite the processing of F-1 student visa stamp applications to ensure that qualified foreign students are able to begin their studies on time.   According to the Department of State, the maximum wait for a student visa appointment (for all posts) is fewer than 15 days.  Foreign students can apply for their visas up to 120 days before their academic programs begin.

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FY2012 H-1B Cap Limit Approaching — What Happens When the Cap is Reached?

Throughout the H-1B cap filing season (which opened back in April), we have been providing updates on the available H-1B cap numbers.   Over the past few weeks, we have been also issuing alerts (on our website, via our newsletter and through our twitter and facebook pages) on the upcoming H-1B cap limit.

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FY2012 H-1B Numbers Update – 56,300 Regular Cap Visas Used; Master’s Cap Reached; Last Call for H-1B Cap Cases (November 14, 2011)

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Current PERM Processing Times (as of November 1, 2011)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

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December 2011 Visa Bulletin – EB-2 India and China Advance by Four and a Half Months; Slow Movement in EB-3; FB1 Advances Again; Moderate Movement in FB2A

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FY2012 H-1B Numbers Update – 49,200 Regular Cap Visas Used; Master’s Cap Reached; Last Call for H-1B Cap Cases (October 28, 2011)

USCIS just released the information on the numbers of cap-subject FY2012 H-1Bs filed since April 1.   As of October 28, 2011, USCIS has received approximately 49,200 H-1B petitions counting toward the 65,000 cap (an increase of 3,000 over the previous week).  Similarly, as of October 28, there were 20,000 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit.

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India Blanket L-1 Visa Stamping Applications to be Processed in Chennai Only

The Department of State (DOS) has announced that effective December 1, 2011, the U.S. Consulate in Chennai will become the only acceptance center in India for all applications for intra-company transfers under the blanket L category.

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PERM and LCA Updates from the Department of Labor

Due to the significant number of PERM-based green cards and H-1B work visa applications (including the required Labor Condition Application, or LCA), our office constantly monitors developments at the Department of Labor (DOL) which controls the review of PERM and LCAs.

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