USCIS began accepting H-1B petitions subject to the FY2015 cap on April 1, 2014. The regular H-1B cap limits the amount of available H-1B visas to 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master's degree or higher are exempt from the 65,000 cap. USCIS will accept cap-subject H-1B filings through the first five business days in April, and it anticipates receiving more than enough petitions to reach both caps by April 7. The agency is prepared to use a random selection process to meet the numerical limit. Due to the high level of premium processing receipts anticipated, USCIS has announced that it will begin premium processing for H-1B cap cases no later than April 28, 2014.

Steady Increase in L-1B Denials

The National Foundation for American Policy (NFAP) published a policy brief in March 2014 finding that the denial rate for L-1B petitions rose to 34 percent in FY2013 - a more than five-fold increase in the rate of denials since FY2006, despite no new regulation changing the adjudication standard. To access the full policy brief, please refer to the following link: Policy Brief

Chile Now Eligible for Participation in Visa Waiver Program

Starting May 1, 2014, eligible Chilean passport holders will be able to visit the United States without nonimmigrant visitor visas. The Visa Waiver Program permits visa-free travel to the United States for eligible travelers visiting the United States for 90 days or less for business or pleasure.

NIV Interview Waiver Program Now Permanent

In January 2012, the Department of State introduced a two-year visa interview waiver pilot program, and this program has now been made permanent. Consular officers can waive the interview for applicants seeking to renew any nonimmigrant visa within 12 months of expiration of the initial visa in the same classification.

April 2014 Visa Bulletin

The Department of State visa bulletin reflects continued forward movement in both the family and employment-based categories for April 2014.

Please Note: There are five preference categories for the allotment of employment-based immigrant visa numbers, and four preference categories for family-based immigrant visa numbers. For purposes of this newsletter, we are including only the categories most applicable to our clients. For additional information on other preference categories not included below, please contact the attorney with whom you work.

Employment-Based Preferences

First: Priority Workers. Includes Persons of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Managers or Executives.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability. Also includes National Interest Waiver (NIW) applicants.
Third: Skilled Workers, Professionals, and Other Workers.

Numbers are available only for applicants whose priority date is earlier than the cut-off date listed in the charts below. "C" means current, i.e., numbers are available for all qualified applicants.

Employment- Based	All Chargeability Areas Except Those Listed	China - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08MAR09	15NOV04	C	C
3rd	01OCT12	01OCT12	15SEP03	01OCT12	15JUN07
Other Workers	01OCT12	01OCT12	15SEP03	01OCT12	15JUN07

Family-Based Preferences

Second (A): Spouses and Children of Permanent Residents.

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F2A	08SEP13	08SEP13	08SEP13	15APR12	08SEP13

PERM Processing Times

As of the date of this newsletter, DOL indicates that it is adjudicating PERM labor certification cases with priority dates of July 31, 2013. This means that if a PERM case was filed today, it would take DOL approximately eight months to adjudicate.

DOL also indicates that it is adjudicating PERM cases selected for audit with priority dates of December 31, 2012. This means that if a PERM case was filed today and subsequently selected for audit, it would take DOL approximately one year and three months to adjudicate.

Please note that PERM processing times are always subject to change at the discretion of DOL.

In the News: What's Happening at RS

February 18, 2014: Howard Silverman spoke on a Boston Bar Association panel entitled, "Nuts and Bolts of Asylum Law."
May 2, 2014: Heidi Snyder will speak on a panel entitled, "PERM labor Certification and Alternatives to PERM - Recognizing and Pursuing the Most Viable Route" at the Massachusetts Continuing Legal Education 13th Annual Conference on Immigration Law.
June 20, 2014: Howard Silverman will speak on a panel on marriage-based adjustment of staus and consular processing options at AILA's Annual Conference in Boston

This newsletter does not constitute legal advice and is not a substitute for consulting with an attorney. Please contact us by phone or email if you have questions about any of the topics discussed here or if you have any other immigration or naturalization questions.