USCIS has announced additional guidance regarding the adjudication of spousal petitions involving minors, following up on the agency’s February update to its policy. The guidance, published as an update to the USCIS Adjudicator’s Field Manual (AFM), instructs officers to conduct an additional interview for certain I-130 spousal petitions involving a minor. Generally, the bona fides [...]
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 projected as [...]
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 see the [...]
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. The agency [...]
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 must wait [...]
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 code, employer [...]
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 access to, [...]
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 April 1, [...]
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.
USCIS has revised Form I-539, Application to Extend/Change Non-immigrant Status and will publish the revised form on their website on March 8, 2019. USCIS will be removing the 12/23/16 version of Form I-539 from uscis.gov on March 8 but will be allowing for a two-week grace period, until close of business on March 21, for [...]