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, and it [...]
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 plan to [...]
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 or higher [...]
LCA and PERM Prevailing Wages Processing to Resume Tentatively at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019 Last night, the DOL announced that: The iCERT system for application processing is tentatively scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019. The Department is currently testing the system to process a [...]
Updated January 3, 2019, 10:40 AM EST Within first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U.S. Department of Labor iCERT system had an unprecedented demand for H-2B certifications with more than 97,800 workers requested in pending applications for the 33,000 available visas. With more than thirty-times [...]
USCIS recently updated its website with information regarding the agency's practice of denying pending Form I-131 advance parole applications for abandonment due to international travel. Specifically, USCIS indicates on its website that if an applicant files Form I-131, Application for Travel Document, to request an advance parole document and departs the United States without possession [...]
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 [...]
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 [...]