Immigration Update

April, 2013                                                                        Vol. 5 Issue 4

In the April Update
The H-1B cap has been reached!
Alternatives to H1-B's
May 7th, a new Form I-9
No More Paper I-94's
May Visa Bulletin
Gang of Eight Immigration Reform
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Giselle Carson Bio Pic

Giselle Carson


The FY2014 H-1B cap has been reached!
 USCIS announced April 5, only five days after the filing period opened, that the cap had been reached. USCIS received approximately 124,000 petitions for the 65,000 regular H-1B Visa limit and more than 20,000 petitions for the H-1B Masters cap.  They are no longer accepting 2014 cap subject H-1B petitions.  USCIS conducted a computerized random "lottery" on April 7 to determine which petitions will be processed. All petitions not selected will be returned. USCIS has begun issuing receipt notices for the petitions selected that were filed using premium processing. We are monitoring the selection process and advising our clients.  Click here for more details.
Alternatives to an H1-B
Not since 2008 has the cap of H1-B filing been reached within a week of the beginning of the filing period.   To assist you in considering alternative visa options, click here to read an article I wrote in June 2012 for the Society of Human Resource Managment (SHRM) Jacksonville about alternatives when the H-1B cap is reached. 
 May 7th, a new Form I-9 to be used!

The recent release of the new Form I-9 emphasizes the importance of employment verification compliance and the focus on employers' responsibilities.  I have written several articles on these issues.  Click here to read "Keep an Eye' on Form I-9" and here to read "May 7, An Important Date for Employers." 


I-94 Cards to Replace Paper Records
As referenced in our September 2012 Immigration
Update, CBP is making the 
paper I-94 card obsolete and automating the process.  Beginning April 30, most foreign nationals will no longer receive a paper I-94 card upon entry. They will receive a passport stamp and an electronic record will be created for the individual.  The paper I-94 will be available for printing by accessing www.cbp.gov/I94, a website that is expected to be up at the end of April. For more information, click here.
May Visa Bulletin
US Visa The 2013 May Visa Bulletin is now out. In the EB-2 category, India's priority date remained the same and China's cutoff date was extended to April 1, 2008. The EB-3 Category showed Philippines date extended to September 8, 2006. To read the bulletin in its entirety, click here
Gang of Eight Immigration Reform Bill

 This bipartisan group of senators met with the Chairman of the Judiciary Committee on April 9 to discuss their preliminary immigration legislation which is expected to be released this month.  Both sides of the aisle insist on ample time to debate the bill in committee, although markup of the bill will most likely not begin until the week of May 6, when Congress returns from its recess. We will post updates on the future of our immigration system as they become available.

 GC Signature
Giselle Carson
Attorney at Law
Marks Gray, P.A.
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32207
(904) 398-0900
If you need assistance with any immigration-related issues, please contact Giselle Carson or Thyra Reveron at (904) 398-0900.

Marks Gray, P.A. is dedicated to customer service. We monitor proposed and current developments in the law. The contents of this newsletter are not intended as legal advice related to individual situations. If you have any questions about your particular situation, please contact a lawyer.