Category Archives: H-1B Cap

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Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10, 2019

Per its announcement on June 7, USCIS started accepting premium processing requests for all remaining FY 2020 cap-subject H-1B petitions on June 10, 2019. This allows petitioners to file Form I-907, Request for Premium Processing Service with the service center processing their cap-subject H-1B petition. Previously, USCIS accepted premium processing requests only for FY 2020 cap-subject H-1B petitions … Continue Reading

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions

On May 17, USCIS announced completion of data entry for all fiscal year 2020 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning petitions that were not selected. USCIS will issue another announcement once it has finished returning all petitions that were not selected. As has been the case in … Continue Reading

USCIS Completes the H-1B Cap Random Selection Process for FY2020 and Reaches the Advanced Degree Exemption Cap

On April 10, 2019, USCIS announced it used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and U.S. advance degree exemption (Master’s cap) for fiscal year (FY) 2020. USCIS received 201,011 petitions during the filing period, which began April 1, including petitions filed for the advanced degree … Continue Reading

Phase One of Premium Processing for FY 2020 Cap-Subject H-1B Petitions Begins May 20

On May 20, 2019, the United States Citizenship and Immigration Services (USCIS) will begin premium processing for FY 2020 cap-subject H-1B petitions that were filed (1) requesting a change of status; and (2) with a Form I-907. To manage high demand during the initial surge of premium processing requests for H-1B cap petitions and to … Continue Reading

Key Changes to this Year’s H-1B Cap that You Should Know

Premium Processing Available U.S. Citizenship & Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions on April 1, 2019, for employment start dates effective Oct. 1, 2019, the start of the 2020 fiscal year. Rather than suspending premium processing for cap-subject H-1B petitions, USCIS announced that it will implement a two-phased approach to requests for … Continue Reading

USCIS Resumes Premium Processing for all H-1B petitions

Effective immediately, USCIS has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are currently pending with USCIS. This means that, for the first time in recent history, premium processing will likely be available for petitions filed during the annual H-1B cap-filing season in April. It … Continue Reading

Travel During H-1B Cap Season- Do’s and Don’ts

H-1B cap season is once again around the corner. On March 29, 2019, hundreds of thousands of H-1B cap petitions will be shipped to USCIS Service Centers in Vermont and California for selection in this year’s cap season. Assuming premium processing does not come back, the wait time for that receipt notice seems to stretch … Continue Reading

DHS Publishes Final Rule for H-1B Lottery

On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process. On Jan. 31, 2019, USCIS will publish the final rule after a 30-day comment period. The final rule encompasses a pre-registration process and a modified selection process. The registration process will be suspended for FY … Continue Reading

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

Starting on Monday, Jan. 28, USCIS will resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the Master Cap). This applies to any H-1B cap petition filed in or before April 2018. Any petitioner who has received requests for evidence (RFEs) regarding their pending … Continue Reading

Notice of Proposed Rule for H-1B Cap Season: Summary and Real-World Implications

On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process that USCIS conducts every year. The proposed rule seeks to amend the way H-1B cap-subject petitions are submitted for the lottery, and also the way H-1B cap-subject petitions are randomly selected. USCIS proposes a … Continue Reading

USCIS Proposes Increase to Premium Processing Fee

On Aug. 31, 2018, the Department of Homeland Security (DHS) proposed a final rule in the Federal Register to increase the premium processing fee for certain visa petitions to $1,410, effective Oct. 1, 2018. Premium processing, a service offered for certain petitions, requires U.S. Citizenship and Immigration Services (USCIS) to adjudicate a petition (i.e., approve, … Continue Reading

USCIS Completes the H-1B Cap Random Selection Process for FY 2019

USCIS has announced that it received 190,098 H-1B petitions during the filing period for FY2019, which began on April 2, 2018, including petitions filed for the advanced degree exemption.  This year’s number of petitions is lower than the 199,000 H-1B petitions filed in FY2018.  Per the regulations, on April 11, USCIS conducted its random lottery … Continue Reading

FY2019 H-1B Cap Met

USCIS announced today, April 6, 2018, that the FY 2019 H-1B cap is now closed because it has received a sufficient number of H‐1B petitions to reach the 65,000 statutory cap as well as the 20,000 advanced degree exemption. The announcement did not provide details about the total number of H-1B petitions filed.  USCIS will … Continue Reading

Temporary Suspension of Premium Processing for FY2019 H-1B Cap Cases

The United States Citizenship and Immigration Service (USCIS) announced a temporary suspension of premium processing for 2019 Fiscal Year H-1B cap-subject petitions, including those cases seeking exemption on the basis of the beneficiary having obtained a U.S. masters or higher degree. It is expected that the temporary suspension will last until Sept. 10, 2018. The reason for … Continue Reading

USCIS Changes Locations To File Forms I-129

On Oct. 12, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a major change in the direct filing addresses for certain Form I-129, Petition for a Nonimmigrant Worker petitions. Previously, the filing center for these petitions was determined by the U.S. state or territory where the beneficiary’s worksite or training site was located. With USCIS’s … Continue Reading

USCIS to Resume H-1B Premium Processing for Petitions Filed under FY2018 Cap

USCIS announced today that it will resume its premium processing service for all H-1B petitions that are subject to this year’s H-1B cap.  This news provides much needed relief to employers and foreign nationals, particularly in those situations where an employee is relying on F-1 optional practical training (OPT) cap gap provisions for work authorization. … Continue Reading

USCIS to Resume Premium Processing for Certain Cap-Exempt Institutions

On June 20, the USCIS Ombudsman office held a teleconference on H-1B petition processing to discuss various topics, including premium processing.  Premium processing for H-1B petitions had been suspended in mid-March of this year so that resources could be focused on processing current petitions.  During the call, USCIS stated that it would bring back premium … Continue Reading
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