Slow Movement of up to 2 Months for Certain Nationals

As we approach the end of spring, we see little progress in visa availability this month.  In the EB-2 category, Chinese nationals advanced 2 full months to November 22, 2005. 

Numbers for EB-2 Indian nationals remained stagnant at February 1, 2005.  At least all other nationalities, including those from Mexico and the Philippines are still current.  In the EB-3 category, a two month advance to June 22, 2003 occurred for nationals including those from China but excluding those from India and Mexico.  Priority dates for Indian nationals advanced over 21 days to October 22, 2001.   EB-3 Numbers for Mexican nationals are unavailable.  EB-3 numbers for nationals of the Philippines advanced 2 months to June 22, 2003. 

Despite some spring cold weather across the country and a harsher government climate in adjudications, we wanted to share some positive immigration updates on visa availability and our firm’s immigration advocacy efforts.

H-1B “Cap Subject” Visas Remain Available for October 1 Start Dates.  We are now seeing what we have been hearing: economic recovery is translating into an increase in employee hires, both laterally and for entry level positions.  Nevertheless, the demand for new H-1B visas is still low – perhaps due to recent restrictive interpretations of the law impacting H-1B visa petitions for certain employers.   H-1B visas remain available for employers whose employees are subject to the annual quota, for start dates of October 1, 2010.  So far, the government reports receiving about 16,000 FY 2011 H-1B cases for Bachelor’s level positions against the annual 65,000 quota and about 6700 petitions against the additional 20,000 visa set aside for holders of U.S. advanced degrees.  The government provides updates on H-1B numbers periodically.

The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received only 13,500 H-1B general cap petitions, and only 5,600 petitions for individuals with advanced degrees.  This means that 51,500 Fiscal Year H-1B visas and 14,400 of the additional visa numbers set aside for individuals with U.S. advanced degrees are still available.  As a result, the USCIS has confirmed that it will continue to accept petitions for Fiscal Year H-1B cases.

As before, Weaver, Schlenger & Mazel will continue to closely monitor, and provide periodic updates on, the usage of these visas.  In the interim, please let us know if we can assist your company to meet its needs in the hiring of an H-1B foreign national worker.