Tag Archives: H-1B Cap

Recent Executive Orders Have Immediate Immigration Impacts, but Overnight Overhaul of U.S. Immigration System Is Unlikely

It is no secret that the new administration under President Trump brings with it a fundamental shift in executive attitude with respect to both legal and illegal immigration. The transitional period leading up to January’s inauguration left employers and their foreign national employee populations mired in uncertainty regarding the future of former President Barack Obama’s largely immigration-friendly reforms. Shortly after entering the White House, President Trump made headlines by signing a series of controversial EOs that created a travel ban on nationals “from” seven primarily Muslim countries, eliminated visa interview waiver programs, suspended refugee programs, expanded removal grounds, eliminated federal funding for “sanctuary” cities, and directed the design and build-out of a wall at the United States/Mexico border. These EOs created discord among the government agencies that are charged with executing the EOs but were largely kept out of the drafting process. In addition, the EOs left employers scrambling to identify and support their impacted employee populations and cemented notions that the Trump administration has initiated a new immigration dialogue that will focus on enforcement and the impact of immigration on U.S. workers.

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April 2013 Immigration Alert

For the benefit of our readers, we have excerpted two issues from our April 2013 Immigration Alert of relevance for employers in the financial services industry:

USCIS Reports That H-1B Cap Is Reached in First Week

On April 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received sufficient H-1B petitions to reach the annual quota for fiscal 2014.  As most H-1B employers know, the quota is 65,000 for regular H-1B petitions, plus another 20,000 for H-1B petitions filed for foreign nationals (“FNs”) who have obtained a master’s (or higher) degree from an accredited American university. According to the USCIS, it received approximately 124,000 H-1B petitions during the initial, one-week filing period.  The USCIS then used a computer-generated random selection process (“lottery”) to choose a sufficient number of petitions necessary to reach the applicable caps.  The USCIS will issue receipts for those cases and then proceed to adjudicate them.  In addition, the USCIS will return those petitions not selected by the lottery.

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Special Immigration Alert: H-1B Filings Update

As of June 1, 2012, U.S. Citizenship and Immigration Services (USCIS) has received 55,600 petitions that count against the 65,000 H-1B Regular Cap, and 18,700 petitions that count against the 20,000 H-1B Master’s Cap. USCIS will continue to accept new petitions until it has filled the H-1B Regular and Master’s Caps.

The pace of new H-1B submissions has accelerated as we predicted. For this reason, employers should prepare and file all new H-1B petitions as soon as possible. Any foreign national candidates who do not make it under the 2013 H-1B Cap may not be able to start work, or continue working, until October 1, 2013 – or later!

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Special Immigration Alert: December 31, 2010, H-1B Cap Count

As of December 31, 2010, the U.S. Citizenship and Immigration Service (“USCIS”) has confirmed the filing of approximately 57,300 H-1B cap-subject petitions for fiscal year 2011. USCIS also reported the filing of approximately 20,000 of the additional 20,000 H-1B cases reserved for holders of advanced U.S. degrees. This leaves room for approximately 7,700 new H-1B approvals under the 2011 “Regular” cap quota, and none under the 2011 “Masters” cap quota.

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Special Immigration Alert: December 3, 2010, H-1B Cap Count

As of December 3, 2010, the U.S. Citizenship and Immigration Service (“USCIS”) has confirmed the filing of approximately 51,200 H-1B cap-subject petitions for fiscal year 2011. USCIS also reported the filing of approximately 18,700 of the additional 20,000 H-1B cases reserved for holders of advanced U.S. degrees. This leaves room for approximately 13,800 new H-1B approvals under the 2011 “Regular” cap quota, and 1,300 H-1B approvals under the 2011 “Masters” cap quota.

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