DHS Proposes Merit-Based Rule for More Effective and Efficient H-1B Visa Program

2018-12-03T15:01:08+00:00Dec 3, 2018|

The Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the [...]

Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens

2018-11-30T16:47:28+00:00Nov 30, 2018|

The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H-1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from [...]

New ETA Form 9035

2018-11-20T17:09:51+00:00Nov 20, 2018|

The new ETA Form 9035, LCA for Non-immigrant Workers is now available. We are aware of the change and have implemented appropriate changes to our processing.

DHS Final Rule Increasing the Premium Processing Fee

2018-08-31T14:39:56+00:00Aug 31, 2018|

DHS final rule is increasing the premium processing fee charged by USCIS. DHS is increasing the fee by 14.92 percent, from $1,225 to $1,410. This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. https://www.gpo.gov/fdsys/pkg/FR-2018-08-31/pdf/2018-19108.pdf

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

2018-08-29T15:39:06+00:00Aug 29, 2018|

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions. While H-1B premium [...]

USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

2018-06-04T14:33:35+00:00Jun 4, 2018|

AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS's posted processing times. Previously, USCIS had [...]

USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions

2018-05-16T14:48:57+00:00May 16, 2018|

USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in their computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, they cannot provide a definite time frame for returning unselected petitions.Additionally, USCIS may transfer some [...]

Extending OPT beyond the initial period and When to Apply for STEM OPT

2018-05-16T14:20:06+00:00May 4, 2018|

CAP Gap Employment: The USCIS has clarified that F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization. An F-1 student who is the beneficiary of an H-1B petition and request for change of status that is filed on time may have his [...]

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

2018-04-13T03:09:19+00:00Apr 13, 2018|

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for FY 2019. USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. [...]