Tag Archives: H-1B cap

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

Emerging Trends: USCIS Challenging Level 1 Wages and Computer Programmer Occupational Classification for H-1B Petitions

Over the past several months, some trends have developed which pose challenges for employers taking part in the H-1B program: 1. the United States Citizenship and Immigration Service (USCIS) is issuing Requests for Evidence (RFEs) for H-1B petitions that challenge the H-1B position’s level 1 prevailing wage classification, the lowest permitted wage level for H-1B filings; … Continue Reading

Effective April 3, 2017, USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

Late Friday evening on March 3, 2017, The U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend its premium processing service for all H-1B petitions, including CAP-subject H-1B petitions.  The temporary suspension will begin on Monday, April 3, 2017, and may continue for up to 6 months.  This procedural change is intended … Continue Reading

Data Entry Completed for Fiscal Year 2017 H-1B Cap-Subject Petitions

As GT previously reported, this year USCIS received over 236,000 H-1B cap-subject petitions during the filing period, including petitions filed for the advanced degree exemption.  USCIS has now announced that as of May 2, 2016, all data entry for fiscal year 2017 H-1B cap-subject petitions selected in the computer-generated random process has been completed. USCIS will … Continue Reading

2015 H-1B Cap Met, USCIS Conducts Lottery

USCIS announced that it received approximately 172,500 H-1B petitions during the first week of the FY2015 filing period, which ran from April 1, 2014 to April 7, 2014.  As the FY2015 H-1B cap is officially oversubscribed by approximately 87,500 petitions, USCIS will no longer be accepting H-1B cap cases.  The FY2015 H-1B filings marks the … Continue Reading

USCIS Reaches FY 2015 H‐1B Cap

Today, the USCIS announced that the FY 2015 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. USCIS will reject any cap‐subject H-1B petitions received on or after April 8, 2014 seeking an employment start … Continue Reading

USCIS Strictly Enforcing the Statutory Provisions in Adjudicating H-1B Petitions Filed Under the 20,000 Advanced Degree Cap

A separate cap of 20,000 H-1B’s is allotted for those foreign nationals who were awarded advanced degrees in the U.S. However, not all degrees qualify under this provision. Recently, USCIS has been enforcing this provision very strictly, issuing requests for evidence, denials, and even initiating revocation proceedings for previously approved petitions under the advanced degree … Continue Reading

Prepare Now for Foreign Talent Acquisition: H-1B Cap Demand Projected to Reach Five-Year High

With Scott Decker I. FISCAL YEAR FOR 2015 H-1B CAP U.S. Citizenship and Immigration Services (“USCIS”) will start accepting new H-1B petitions for Fiscal Year 2015 on Tuesday, April 1, 2014. As such, employers must start identifying current and future employees who will need to be sponsored for new H-1B petitions as soon as possible, … Continue Reading
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