On April 1, 2014 USCIS began accepting applications for a competitive grant funding opportunity to promote immigrant civic integration and prepare permanent residents for citizenship.  USCIS will offer up to $10 million in competitive funding for citizenship preparation programs in communities across the country.  This funding opportunity is for public or non-profit organizations that prepare permanent residents for citizenship by offering both citizenship instruction and naturalization application services.  Applications are due by May 16, 2014.  See uscis.gov for more detail.

• Funding Opportunity:   DHS-14-CIS-010-002
• Application Deadline:   May 16, 2014 (No extensions)
• Estimated Number of Awards:   Up to 40
• Anticipated Funding Amount:   Up to $10,000,000
• Performance Period:   Two years (comprising two one-year budget periods)
• Anticipated Award Date:   September 17, 2014
• Maximum Grant Award:   Maximum grant award is $250,000 ($125,000 for the first year budget period and $125,000 for the second year budget period)

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption.  On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption.  For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

On April 7^th USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.   

Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period.  Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.

A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing. 

The agency will conduct the selection process for the advanced degree exemption first.  All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.

USCIS has announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014.  Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee.  USCIS will not rely on the date that the petition is postmarked.

The congressionally mandated cap on H-1B visas for FY 2015 is 65,000.  The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS anticipates receiving more than enough petitions to reach both caps by April 7.  The agency is prepared to use a random selection process to meet the numerical limit.  Non-duplicate petitions that are not selected will be rejected and returned with the filing fees.

Due to the high level of premium processing receipts anticipated, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice.  To facilitate the prioritized intake of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases no later than April 28, 2014. 

H-1B petitioners should follow all requirements to avoid processing delays and possible requests for evidence.  USCIS has detailed information, including an optional checklist, to assist in completing and submitting an FY 2015 H-1B petition.  The processing worksheet is available on the USCIS website at www.uscis.gov.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.  For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2015 Cap Season Web page.

The Department of State released the Visa Bulletin for April 2014 which shows continued forward movement in both family and employment based categories.

It is that time of the year again, the time to start working on the H-1B petitions.  The H-1B visa is probably the most common work visa for someone who has at least a Bachelor’s degree (or a combination of some university study and professional experience) coming to the United States to work in a professional position that requires at least a Bachelor’s degree.  The visa is under a quota of 65,000 for the regular category and another 20,000 for those who obtained a Master’s degree or higher from a US university.  Petitions are filed against the annual quota on April 1st  for positions that can only start on October 1st.  The start date is tied to the new federal government fiscal year when the quota is actually released.  In 2013 twice as many petitions were filed as the quota, thus only approximately 50% of the petitions were approved.  The USCIS accepted petitions the first week of April and then used a computer generated lottery to make the selection of who was eligible to obtain a visa under the quota (although the petitions also had to be approved separately).  In 2011 and 2012, the quota was open for several months.  Normally, the demand for foreign professional employees and H-1B visas is tied to the availability of positions which is conditioned on the state of the US economy.  The H-B visa can be renewed up to six years, and can be transferred to other US employers.

By:  Marcy Stras

The State Department released the Visa Bulletin for March 2014 with little movement in employment-based second and third categories.

By:  Jenna Baranko

The arrest, strip-search and brief incarceration of Indian diplomat Devyani Khobragade last month sparked international outrage, including widespread protests in India, and created tension between U.S.-India relations.  A federal grand jury indicted Khobragade on January 9, 2014 in New York on charges of visa fraud and making false statements regarding her housekeeper Sangeeta Richard.  The charges allege that Khobragade paid Richard as little as $3.31 an hour, despite promising to pay her $9.75 an hour on her visa application, accusations which Khobragade denies.  Following Khobragade’s indictment, the State Department allowed her to return to India without facing a trial through a resolution which allowed her to switch her diplomatic status to that of a United Nations’ employee, which granted her a greater degree of immunity. 

Secretary of State John Kerry met with External Affairs Minister Salman Khurshid in Switzerland this week, in an attempt to move past the controversy and mend diplomatic ties between the U.S. and India. During the meeting, both sides expressed their eagerness to move forward from the incident and their commitment to the indispensable U.S.-India partnership.