The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received only 13,500 H-1B general cap petitions, and only 5,600 petitions for individuals with advanced degrees.  This means that 51,500 Fiscal Year H-1B visas and 14,400 of the additional visa numbers set aside for individuals with U.S. advanced degrees are still available.  As a result, the USCIS has confirmed that it will continue to accept petitions for Fiscal Year H-1B cases.

As before, Weaver, Schlenger & Mazel will continue to closely monitor, and provide periodic updates on, the usage of these visas.  In the interim, please let us know if we can assist your company to meet its needs in the hiring of an H-1B foreign national worker.          

Another disappointing month in April’s Visa Bulletin released today by the State Department.  Very slight movement and only in  a few categories.  EB-1, and EB-2 visas for nationalities except China and India remain current.  EB-2 visas for Chinese nationals advanced 1.5 months, and will be available for priority dates of August 22, 2005 or earlier; no movement for Indian nationals who still need priority dates of February 1, 2005 or earlier.  EB-3 visas for all except India, Mexico and the Philippines advanced 1.5 months to February 1, 2003.  EB-3 Mexican nationals saw no advancement and still need priority dates of July 1, 2002 or before.  EB-3 for the Philippines advanced 1.5 months to February 1, 2003.

This month, the State Department has added some more “explanations” of the complicated monthly number crunching process in its Visa Bulletin and summary of visa allotment.

Hopefully the sun does not run out of hydrogen before many of your foreign national employees obtain permanent residence given severe visa retrogression.  [Permanent visas remain available for all nationalities in the EB-1 first preference category, and are available for all nationalities except Indians and Chinese in the EB-2 second preference category.]