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
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
On May 15, USCIS announced completion of H-1B lottery picks for this year. H-1B cap petitioners can expect notification from USCIS in the next several weeks. In an update on its website, USCIS said it has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS … Continue Reading
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
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
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
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 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
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
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
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
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
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
With this year’s H-1B cap fast approaching, employers should be aware of key deadlines leading up to the cap’s opening on April 1, 2014. As this chart illustrates, employers must file Labor Condition Applications (LCAs) with the U.S. Department of Labor (DOL) on or before March 25, 2014 to have a good chance of the … Continue Reading
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
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
