1.  FY13 H1B Cap  Season Has Begun!

The fiscal year 2013 (FY13) H1B cap-filing season began this week.

April 2, 2012 was the first day for such filings at the U.S. Citizenship and Immigration Services (USCIS).  The Law offices of Caro Kinsella is currently helping many clients with H1B cap filings, and will continue to accept cap-subject H1B cases throughout the cap season. As of this writing, the USCIS has not posted a cap count. However, they have indicated that the rate of filings is significantly higher than in FY12.

The USCIS will accept cap-subject H1B petitions until there are no more cap numbers. However, it is impossible to predict, with any level of precision, when the cap will be reached. The FY12 cap was reached on November 22, 2011.  While it would be surprising if the cap limit was reached very early in the filing season, there are indications that improvements in the economy will lead to a higher volume of filing than in FY12.  USCIS reported earlier this week that the filings in the first three days of the cap season were more than double the number of such filings received in the same time frame in FY12.

2.  Financial Issues and Naturalization

As a result of the troubled U.S. economy, many individuals have encountered financial hardships.  These difficulties have led to foreclosure, unpaid debts and bankruptcy.  This, in turn, has generated questions regarding whether various financial problems might affect one’s ability to apply for naturalize to U.S. Debt alone is not create a bar to naturalization, there are some financial issues that need to be considered when evaluating the possibility of becoming a U.S. citizen.

Eligibility Requires Good Moral Character:

Applicants for naturalization must establish that they are persons of good moral character.  Good moral character (GMC) evaluations are made by U.S. Citizenship and Immigration Services (USCIS) on a case-by-case basis, taking into account the standards of the average citizen in the community of residence. The N-400 naturalization application, however, does not require a disclosure of debts or even civil lawsuits related to such debts or other matters.  The N-400 does not ask for information about bankruptcy or foreclosure. These are simply not part of the good moral character analysis.  Therefore, for many who have faced job loss or other financial problems, these need not be revealed, discussed, or explained in the naturalization context.

Complete eligibility requirements for naturalization can be complex and are beyond the scope of this article. For more information regarding these requirements, contact  the Law offices of Caro Kinsella.

Law Offices of Caro Kinsella P.A.

Facsimile: 888-312-9674