The White House issued a memo on combating high non-immigrant visa overstay rates. Among other things, the Secretary of State, in consultation with the AG and Secretary of Homeland Security, shall provide recommendations of actions to take to reduce nonimmigrant overstay rates from certain countries. Clients should take particular note of the [...]
Premium processing for FY2020 cap-subject H-1B petitioners requesting a change of status on Form I-129 will begin on 5/20/19. For all other FY2020 H-1B cap-subject petitions, it will begin in June 2019 or later. From 5/20/19 until 6/3/19, final notices will not be sent using prepaid mailers. Read the USCIS news release. [...]
On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions [...]
We have received credible reports from clients and other practitioners that the number of site visits targeting Consulting companies has increased significantly in the past several weeks. Employees should be made aware that site inspectors could call on them at the end client site unannounced. When this happens, employees must politely ask to [...]
USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if they have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. [...]
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status [...]
USCIS has launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers. The data hub is part of their continued effort to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS [...]
The U.S. Department of Labor's Wage and Hour Division issued a Field Assistance Bulletin (FAB) reiterating employers' responsibilities under the H-1B visa program. The FAB confirms that if an H-1B employer chooses to provide notice through electronic media, the employer must ensure that affected American workers, including those employed by a third-party, have [...]
USCIS has announced the start of the FY 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. USCIS will begin accepting H-1B petitions subject to the FY 2020 cap on [...]
USCIS announced that it resumed premium processing on Tuesday, March 12, 2019, for all H-1B petitions. If an RFE (request for evidence) for a pending petition was received, you should include the RFE response with the premium processing request.
The DOL OFLC has released H-1B statistics as of 12/31/18. The data includes the number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
USCIS announced late Friday (2/15/2019) that it would resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. This means change of employer petitions filed after this date, or immediately will not benefit from the resumption of premium processing. The previously announced temporary suspension of [...]
USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on their website on March 11, 2019. Beginning March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19. They will reject any Form I-539 with an edition date of 12/23/16 [...]
Join us for a free webinar on February 22, 2019 12pm-1pm EST. Register Now The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs from prior years and how various RFEs have created a valuable source of information on what the USCIS is looking for and how to [...]
The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, [...]
The Office of Management and Budget (OMB) has completed review of the H-1B proposed regulation as of January 25, 2019. It must be published in the Federal Register before the rule can go into effect. We will post any updates as soon as we receive them.
Alert: USCIS will resume premium processing on Monday, Jan. 28 for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied. We [...]
Introduction: On December 3, 2018, USCIS-DHS, published a notice of proposed rulemaking (NPRM) to change the H-1B filing and random selection (read lottery) process. The new process will require employer’s to electronically register to file each prospective petition for their H-1B employees during the designated “registration period”. Prospective employees with a U.S. masters [...]