As of May 6, 2011, United States Citizenship and Immigration Services (“USCIS”) receipted 27,173 petitions toward the 33,000 H-2B cap amount for the second half of the fiscal year. This count includes 24,420 approved and 2,753 pending petitions.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.

Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:

1. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
2. From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of May 6, 2011, approximately 10,200 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 7,300 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.

On May 5, 2011, United States Customs & Border Protection (“USCBP”) announced that its Trusted Traveler Programs have reached one million members. Trusted Traveler Programs include: (a) Global Entry, (b) NEXUS, (b) SENTRI and (d) FAST. Each of these programs is briefly described below.

Global Entry is a voluntary pilot program that streamlines the international arrival process for pre-approved travelers through use of self-service kiosks located at 20 major U.S. airports. The pilot program is an alternative to regular passport processing lines and currently reduces average wait times by 70 percent.

Applications to Global Entry must be submitted online at www.globalentry.gov. A fee of $100 is collected via the website for a five-year membership. Applicants must then complete an interview and fingerprint data collection in person at any of the 20 airport sites.

Once enrolled in the pilot program, Global Entry members may proceed directly to the kiosks in the international arrivals area upon arrival in the U.S. At the kiosk, members insert their passport or lawful permanent resident card into a document reader, provide digital fingerprints for comparison with fingerprints on file, answer customs declaration questions on the kiosk’s touchscreen, and then present a transaction receipt to CBP officers before leaving the inspection area.

NEXUS is a joint USCBP-Canada Border Services Agency program that both implemented to enhance border security while simplifying the entry process for pre-approved, low-risk travelers. NEXUS was established in 2002 and currently has more than half-million members. NEXUS applicants must go through background checks in both Canada and the United States. The application fee for NEXUS is $50 and enrollment is for five years. In December 2010, USCBP added Global Entry benefits to NEXUS and SENTRI members.

Secure Electronic Network for Travelers Rapid Inspection (“SENTRI”) provides expedited USCBP processing for pre-approved, low-risk travelers entering the U.S. at land ports of entry from Mexico. The SENTRI program was first implemented at Otay Mesa, Calif., in 1995, and has grown to include 16 lanes at the nine largest ports of entry along the U.S.-Mexico border including San Ysidro, Calif., Calexico, Calif., Nogales, Ariz., two crossings in El Paso, Texas, and the Texas ports of Laredo, Hidalgo and Brownsville.

The Free and Secure Trade (“FAST”) program offers dedicated lanes and expedited border clearance for importers, carriers and drivers who have passed rigorous risk assessments that include fingerprinting. The program is available on both the northern and southern borders. There are about 80,000 members enrolled. FAST members report saving an average 27 minutes when transporting goods into the U.S., and an average of 18 minutes when entering Canada.

All Trusted Traveler Program applicants must voluntarily undergo a background check against criminal, law enforcement, customs, immigration, and terrorist indices; a 10-fingerprint law enforcement check; and a personal interview with a USCBP officer.

On April 27, 2011, the Department of Homeland Security (“DHS”) announced the elimination of the list of countries whose nationals have been subject to registration under the National Security Entry-Exit Registration System (“NSEERS”), effectively ending the NSEERS registration process through the publication of a notice in the Federal Register.

NSEERS was first implemented in 2002 as a temporary measure in the aftermath of the September 11, 2001 terrorist attacks and was designed to record the arrival, stay, and departure of certain individuals from countries chosen based on an analysis of possible national security threats. For further information regarding the history of NSEERS, please refer to my NSEERS article.

According to the DHS notice, the NSEERS registration required approximately 30 minutes in secondary inspection, per person, per arrival. NSEERS registrants were also required to register upon departure at one of the 118 designated ports of departure, limiting travel flexibility. It was possible for frequent travellers to seek a one-year waiver of NSEERS requirements but the process was discretionary and inconvenient.

According to the recent DHS notice, it has since implemented several automated systems that capture arrival and/or exit information, making the manual entry of this data via the NSEERS registration process redundant, inefficient and unnecessary. Improved and expanded DHS and Department of State systems now apparently capture the same information for visitors, regardless of nationality.

For this reason, the NSEERS program is being discontinued. However, because the Secretary of Homeland Security’s authority under the NSEERS regulations is broader than the manual information flow based on country designation that has now ended, the underlying NSEERS regulation will remain in place in the event a special registration program is again needed.

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of April 22, 2011, approximately 8,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,900 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of April 15, 2011, approximately 7,100 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,100 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.

As of April 15, 2011, United States Citizenship and Immigration Services (“USCIS”) receipted 24,394 petitions toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 21,706 approved and 2,688 pending petitions.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.

Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:

1. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
2. From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

United States Citizenship and Immigration Services (“USCIS”) announced today that it continues to accept H-1B petitions for the 2012 Fiscal Year, which begins on October 1, 2011 and ends September 30, 2012. Because H-1B petitions may only be filed up to six months before the proposed start date, employers began submitting H-1B petitions for Fiscal Year 2012 on April 1, 2011.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

According to the USCIS announcement, it has received approximately 5,900 H-1B petitions counting toward the 65,000 cap, and approximately 4,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees. For now, there continue to be large numbers of H-1B numbers available under both caps.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.

As of March 4, 2011, United States Citizenship and Immigration Services (“USCIS”) receipted 17,242 petitions toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 12,607 approved and 4,635 pending petitions.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.

Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:

1. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
2. From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

The United States Department of State (“DOS”) has published its monthly visa bulletin for April 2011. The April 2011 visa bulletin is available online here.

The April 2011 visa bulletin states that continued heavy applicant demand for numbers in the Family-Based First Preference (“F1″) category has required the retrogression of the Worldwide, China-mainland born, and India cut-off dates for the month of April. Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries. The F1 category includes unmarried sons and daughters (i.e. 21 years of age and older) of United States citizens.

The DOS visa bulletin summarizes the availability of immigrant numbers each month. Consular officers report documentarily-qualified applicants for numerically limited visas. Similarly, United States Citizenship and Immigration Services (“USCIS”) reports applicants for adjustment of status.

Allocations are then made, to the extent possible under the numerical limitations, for the demand received in the chronological order of the reported priority dates. If the demand cannot be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive is deemed oversubscribed.

The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.