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May 22, 2012
FY2013 H-1B Cap Count (Updated 5/14/12)
As of May 11, 2012, approximately 36,700 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,800 H-1B petitions for aliens with advanced degrees. There are 65,000 visas available annually in this visa category reserved for specialty workers.
For more information on the FY 2013 H-1B cap season, please call your GT relationship attorney or visit the USCIS website.
June 2012 Visa Bulletin
The Department of State has issued the visa bulletin for the month of June 2012. All of the employment-based categories except for the second and third preference categories including other workers are current for all nationalities. Second and third preference categories including Other Workers remain backlogged. Please note that CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CATEGORY IS UNAVAILABLE, despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under the FY-2013 annual numerical limitations. Every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012.
USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May 2012, based on the originally announced May cut-off date. Therefore, it is very important to have all EB2 filings completed before the end of May. If you need assistance with an I-485 Adjustment Application, please contact your GT attorney.
The June 2012 priority date cut-offs for the employment-based categories are:
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Employment- Based
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All Chargeability Areas Except Those Listed
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CHINA- mainland born
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INDIA
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MEXICO
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PHILIPPINES
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1st
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C
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C
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C
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C
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C
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2nd
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C
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U
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U
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C
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C
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3rd
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08JUN06
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08AUG05
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15SEP02
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08JUN06
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22MAY06
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Other Workers
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08JUN06
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22APR03
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15SEP02
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08JUN06
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22MAY06
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4th
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C
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C
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C
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C
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C
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Certain Religious Workers
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C
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C
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C
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C
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C
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5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
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C
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C
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C
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C
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C
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If a category is designated as unavailable, the annual quota of immigrant visas has been met and immigrant visas are no longer available in that category. Note that categories may become unavailable in the middle of a month, but it is rare.
The availability of visas is published based on data collected from consular officers and U.S. Citizenship and Immigration Services (USCIS). Both are required to report to the Department of State the number of foreign nationals who qualify for immigrant visas in the different categories. Where the demand exceeded the available number of immigrant visas within a category, that category was deemed unavailable. Only applicants with a priority date earlier than the cut-off date may be allotted a visa number. These individuals then become eligible to complete the permanent residence process through the filing of an I-485 with USCIS or an Immigrant Visa application with the U.S. Consulate abroad. The complete visa bulletin may be viewed at: http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
Source: Department of State
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