The government exhausted H-1B numbers about one month later this fiscal year than last year (when it reached the cap the third week of December 2009).  On January 27, 2011, the government announced  that it received a sufficient number of H-1B petitions to reach the statutory cap for FY 2011 and that January 26, 2011 would be the cut-off date for cap-subject petitions received.  Employers needing to reserve a FY H-1B number will now need to wait until April 1, 2011 to file (for a start date of October 1, 2011, which is when the 2012 fiscal year begins).

As in years past, the USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on the cut-off date.  It typically takes a few weeks for the USCIS to tally up the petitions, issue receipts for cases accepted for processing and return those cap-subject cases which were not accepted.  Lottery losers at least will receive their filing fees back. 

The Department of State just released the February 2011 Visa Bulletin.   Mexico continues to make significant movement (2 months and 3 weeks) in the EB3 category while EB1 permanent visas remain current.

Export Controls -  Employer Sponsoring H-1B, O-1 and L-1 Employees Get a Two Month Reprieve from Certifying Compliance with Export Control Controls

On December 22, 2010, just in time for a last minute holiday present and one day before the effective date of export control certification requirement under the new I-129 form, the USCIS announced that petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. USCIS received a number of inquiries from stakeholders, including the American Immigration Lawyers Association, to allow employers time to set up compliance programs.  For those employers who have already set up systems to satisfy the export control attestation requirements, know that you are ahead of the game.

The January Visa Bulletin is out.  Mexico made significant movement (10 and a half months) in the EB-3 category.   Otherwise, not too much other movement.

Permanent visas remain current in the EB-1 first preference category. 

EB-2 category:
All others - still current
China – advanced 2 weeks to June 22, 2006
Dominican Republic - current
India – remains at May 8, 2006
Mexico - still current
Philippines - still current

EB-3 category: 
All others –advanced 1 month to March 22, 2005
China – advanced 1 week to December 15, 2003
Dominican Republic –advanced 1 month to March 22, 2005
India –advanced 1 week to February 1, 2002
Mexico – advanced 10.5 months to April 15, 2003
Philippines –advanced 1 month to March 22, 2005