What to Expect in 2014
When can I file for an H-1B work visa? How soon
should I start preparing?
The H-1B quota was quickly filled up this fiscal year
(even some people filing on the first day were rejected). All
projections seem to be pointing to the same situation for
next year. The earliest filing date is April 1, 2014, for an H-1B
start date of October 1, 2014. You should start preparing all
documents no later than February or early March, so you
can get any education/experience evaluations completed,
as well as have your Labor Condition Application (LCA)
approved well within the first date of filing. Please note that
everyone applying under the Fiscal Year 2015 quota will
have to maintain status until October 1, 2014, as that will be
start date for all applications under that quota.
What happened to Immigration Reform?
It seemed as if there was one government problem
after the other (problems with Syria, budget leading to government
shutdown, and now Obamacare), which delayed
any progress towards a solid immigration reform bill passing
in Congress. However, all hope is still not lost, as different
sources are quoting that there is still a good chance
that some type of immigration relief will be passed by the
end of this year, or possibly early next year. The Republicans
are adamant that it will be a piecemeal approach, instead
of the comprehensive immigration reform bill that was on
the table earlier this year. However, at this point, frustrated
immigrants are hoping for any form of relief, especially for
DREAMers and for illegal immigrants looking for temporary
work permits. Meanwhile, rallies, hunger strikes and protestors
are calling for reform all around the country, in the
hopes that Congress will finally place immigration reform
at the forefront of their priorities.
Will there be a forward movement in priority dates
(family or employment-based) in the upcoming months?
The U.S. Department of State (DOS) has issued the
visa bulletin for December 2013, and these are the most
notable categories:
In Family-Based Categories:
The cutoff date in the FB2A category for the spouse and
children of Permanent Residents holds steady at September
8, 2013 for all countries except Mexico. However, the DOS
predicts that there will not be further advancement in this
category in the upcoming months.
In Employment-Based Categories:
The EB2 (Advanced Degree) category is current for all
countries of chargeability, except India and China. The category
is expected to remain current, for all except India and
China, in the coming months.
As predicted, December will see EB2 India retrogress to a cutoff date of November 15, 2004. This is the result of demand for visa numbers exceeding the available supply, due to rapid advancement of the EB2 India cutoff dates in recent months. The October DOS prediction specified that following the December 2013 retrogression, the EB2 India date would not advance prior to May 2014.
The EB3 (Skilled Workers) category is quite favorable for all countries, except India and the Philippines. The EB3 cutoff date for all countries of chargeability, China, and Mexico, advances by a full year, to October 1, 2011. India's cutoff date retrogresses by a few weeks to September 1, 2003.
The DOS expects that the advancements will not continue beyond February 2014. China's cutoff date is expected to continue to match the worldwide date. India is not expected to see any forward movement.
VISA PREFERENCE NUMBERS FOR December 2013
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
22Jul04 |
22Jul04 |
|
2A |
15Feb09 |
15Feb09 |
|
2B |
01Aug03 |
01Aug03 |
|
3rd |
22Sep01 |
22Sep01 |
|
4th |
15Jan00 |
15Jan00 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Nov07 |
Current |
|
3rd |
22Jul02 |
22Dec05 |
|
Other |
15Jun02 |
15Nov05 |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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