The H1B cap for FY 2010 was reached on December 21, 2009. Final FY10 cap announcement was made by USCIS on December 22, 2009.  Any cap-subject cases filed after December 21, 2009 will be returned to the filer.

For those of you who missed the FY2010 H1B cap, it is time to start preparing for the H1B FY2010 Cap Petitions.  First day of filing will be on April 1, 2010.  If you’re not sure what to do, stay tuned for more information about a FREE Educational Seminar that we will be hosting for both H-1B employees and employers.

In our last post, I introduced the different categories of Family-Based Residency. To review the different categories, you may click here for the post http://www.cftienlaw.com/blog/2009/12/getting-a-green-card-series-part-1/.

Today, we will discuss the quota system and how it affects the Family-Based Green Card petitions. First, if you’re an immediate relative of a U.S. Citizen, then you do not have to worry about the quota system because there are visa numbers immediately available to you.

If you’re in one of the preference categories, however, the quota system may affect your Green Card application because you are subject to the yearly quota of visa numbers available per year for each preference category. Therefore, you will have to wait until your priority number is current. The waiting period depends on your particular preference category. The lower your preference category, the longer you wait. For example, if you’re in the Fourth (4th) Preference category, your waiting period will be longer than those in the First (1st) Preference category. You can check the wait time by visiting USCIS’s Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html.

Have more questions about the quota system? Please post a comment or contact us at info@cftienlaw.com.

This is the first post in the “Getting a Green Card Series”, where I will review the green card application process.  As I mentioned in one of my previous posts (http://bit.ly/2EHFpt), the Green Card is a registration card that is issued by the United States Citizenship and Immigration Services (”USCIS”) to Legal Permanent Residents of the United States.  It identifies the cardholder as an alien with permanent resident status in the United States.

So, you may be wondering, “How do I get a green card?”  The first step to getting a green card is to determine if you qualify for one.  There are a number of ways to qualify. Most people get green cards because they are either related to a US Citizen or a permanent resident.  Others may get their green cards through their jobs, or if they have unique education and skills, outstanding talent or a large chunk of cash ready to invest in a business.   Finally, the remaining categories include; visa lottery winners, asylees and refugees, special immigrants (such as religious workers), and individuals who entered the U.S. before January 1, 1972 and have continuously lived in the United States since then.

Family

If you are related to a US Citizen or Permanent Resident, then your family member may sponsor your Family-Based Petition if you belong to one of the following categories of Family-Based Residency:

1. Immediate Relative – spouse, child and parents of U.S. Citizen

2. First Preference – unmarried sons and daughters of US Citizen

3. Second Preference – 2 subcategories:

3A – spouse and unmarried children under 21 years old of permanent residents
3B – unmarried son or daughter of any age of permanent residents

4. Third Preference – married sons or daughters of US Citizens

5. Fourth Preference – brothers and sisters of U.S. Citizens

In our next post, we will define each category and explain the Quota System for Family-Based Green Card Petitions.