Curran & Berger LLP

Projections indicate that the FY 2012 H-1B cap will be reached in December. The most up-to-date count (10/28/11) indicates that 49,200 out of 65,000 cases have been counted against the regular (non-Master's) cap. 

Reaching the annual cap will not affect cap-exempt petitioners, Conrad applicants, or those already counted against the cap.

Please visit the USCIS FY 2012 cap season web site for further explanation and regular updates. 

On Nov. 1, 2011, USCIS introduced a new, more user-friendly version of Form I-693, Report of a Medical Examination and Vaccination Record. This form is used to report results of medical examinations for those seeking certain immigration benefits.  Civil surgeons completing medical examinations between Nov. 1 and Dec. 31, 2011, should use the new form dated October 11, 2011. However, USCIS will continue to accept the previous version, dated July 20, 2010, for examinations completed between Nov. 1 and Dec. 31, 2011. Beginning January 1, 2012, only the new form will be accepted. 

For more information, visit the USCIS website. 

Charles Oppenheim, Chief of the Immigrant Visa and Control Division, U.S. Department of State, recently predicted that the December 2011 Visa Bulletin will move forward four months in the second preference category (EB-2)  for China and India. The December 2011 Visa Bulletin is expected to advance the EB-3 cutoff to March 1, 2008.

This forward movement will allow for many additional individuals to pursue the final stage of their adjustment of status applications. There may be further advances in January and February, but retrogression is anticipated later in 2012. 

The EB-3 category for all countries (exception: China and India) is expected to move forward one month each month. EB-3 China will likely move forward 1-3 weeks each month. EB-3 cases for India have tougher prospects, as the backlogs in this category are immense. There are over 54,000 EB-3 India cases pending from the summer of 2007, with as many as 300,000 individuals with subsequent priority dates that are waiting to file AOS applications. There are 2800 EB-3 India cases alotted per year. 

The EB1-2 categories for all countries, Mexico, and the Philippines are expected to stay current. Last year, there were 18,000 to 20,000 fewer cases filed in EB-1. The reduced numbers allowed for more applications from China and India, as well as some movement forward in the EB-2 category. 

The average anticipated monthly movement for family-based cases (all countries) are as follows:

• FB1 and 2A will advance 3-6 weeks per month
• 2B and F3. will advance 1-2 weeks per  month
• F4 will advance 1 month per month
  

A newly introduced immigration bill proposes to allow larger numbers for China and India. More information will be posted as it becomes available. The Department of State monthly visa bulletin is available at http://travel.state.gov/visa/bulletin/bulletin_1360.html.