The USCIS announcement dated July 24th does not apply to most H-1B petitions filed and currently pending with the USCIS. Most importantly, it does not include CAP Gap petitions that have to be adjudicated prior to September 30th in order for the employee to continue working. It only applies to petitions that may be exempt [...]
USCIS will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher. Premium processing will resume for petitions that may be exempt [...]
In what appears to be a pattern, the USCIS is questioning whether a position is a specialty occupation by referencing the fact that the labor condition application (LCA) reflects a level 1 wage, indicating that it is an entry-level position that is not specialized or complex. The American Immigration Lawyers Association is aware of this [...]
USCIS announced on May 3, 2017 that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame [...]
USCIS issued a policy memorandum on March 31, 2017, that supersedes and rescinds a December 22, 2000, memorandum with guidance on H-1B computer-related positions issued by the Nebraska Service Center (NSC). The new memo offers clarity on USCIS's approach to determining whether the position of "Computer Programmer" is deemed a "specialty occupation" that would be [...]
DOL announced plans today to protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight. The department will protect American workers against discrimination through the following actions: Rigorously use all of its existing authority to initiate investigations of H-1B program violators. This effort to protect U.S. workers will also involve greater coordination [...]
USCIS has announced multiple measures to further deter and detect H-1B visa fraud and abuse. Beginning today, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on: Cases where USCIS cannot validate the employer’s basic business information through [...]
Do you know what to do if immigration (ICE) officers come to your worksite? Read and download the pdf to know your rights.
Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions
We have been receiving USCIS I-797 Notices of Approval for H-1B that is annotated "1B1". The USCIS California Service Center (CSC) has confirmed that this was a technical error that has now been resolved, and that USCIS will reprint corrected approval notices. Amended notices that reflect the H-1B designation will be mailed this week, and [...]