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MBBP Immigration Alert: H-1B Cap for 2013 Reached and Further Retrogression of Employment-based Immigrant Visa Availability in the Second Preference Category 06/15/2012

Posted by Morse, Barnes-Brown Pendleton in Legal Developments.
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FY 2013 Cap for H-1B Visas Reached

On June 12, 2012, the Citizenship and Immigration Service (“CIS”) announced that the “Regular” and “U.S. Master’s Degree” H-1B caps for the 2013 fiscal year had been reached on June 11, 2012. Any “Regular” or “U.S. Master’s Degree” cap subject H-1B cases received by the CIS after June 11, 2012 will be rejected and returned. H-1B visas continue to remain available for cap exempt employers, as well as for DOD cooperative research workers, and Chile and Singapore citizens under their respective Free Trade Agreements. Additionally, foreign workers who have already been counted against the cap may “port” to new employers. More information on the H-1B cap can be found in the February 2012 Immigration Alert.

To read more, please see our Immigration Alert.

Department of State Implements Cut-Off Dates for the All Countries Category in the Second Preference Categories

In May 2012, we released an Immigration Alert that in the most recent Visa Bulletin the Department of State (“DOS”) had stated that effective June 1, 2012, no further employment-based immigrant visas will be available to natives of China and India in the Second Preference category until October 1, 2012. The DOS also indicated it was considering establishing cut-off dates for all other countries in the world in both the employment-based First Preference and Second Preference categories.

Please visit our resources page for our full Immigration Alert to learn more.

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