NEWS

H-1B QUOTA REACHED FOR FISCAL YEAR 2012 (OCT. 2011 - SEPT. 2012)

The annual cap of 65,000 H-1B visas for the 2012 fiscal year, which began October 1, 2011, was reached on November 22, 2011. The window of time to apply for the 2012 visas ran from April 1, 2011 to November 22, 2011; and the next window, applicable to the 2013 fiscal year, will not open until April 1, 2012. As the economy strengthens, it is likely that the quota of 65,000 will be reached well before November of 2012, so plan to file for new H-1Bs as early in the year as possible. Bear in mind that as long as demand exceeds the annual supply of H-1Bs, the start date of new H-1B workers may need to be deferred until October 1, when a new allotment of H-1B visas becomes available. .

Remember that not all foreign workers are subject to the caps. Existing employees applying for extension of current H-1B status are not subject to a cap, and certain employers are exempted. Additionally, certain students authorized for optional practical training ("OPT") may be eligible to continue working in optional practical training status until H-1B visas become available.

EMPLOYMENT VISAS SURGE AHEAD

The China and India second preference cut-off dates have advanced rapidly in recent months. This is welcome news to the Chinese and Indian workers, and their United States-based employers, who have been waiting years to file for U.S. permanent residency.

IMMIGRATION LEGISLATION, 2011

In 2011, several bills were introduced in Congress that relate to immigration issues other than enforcement, which dominated the immigration legislation arena in previous years. Chandler Law Firm, LLC applauds the increased attention to immigration issues and, particularly, to reform of the existing legal immigration system. Easing restrictions on the immigration of highly-skilled persons and entrepreneurs is the subject of several recently-introduced bills.