Tag Archives: H-1B cap

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

USCIS Adopts Policy Clarifying Eligibility Criteria for U.S. Master’s Degree H-1B Cap

On May 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) adopted as official policy the Administrative Appeals Office’s (AAO’s) decision in Matter of A-T-Inc. Specifically, USCIS announced that to be eligible for the H-1B U.S. master’s cap, an individual must have earned a U.S. master’s degree from a school that qualified as a “U.S. … 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