H-1B News2018-03-10T22:41:20+00:00

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H-1B

23Aug, 2022

USCIS Reaches Fiscal Year 2023 H-1B Cap

Aug 23, 2022|

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023. We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly [...]

3Aug, 2022

When Not to File an Amended H-1B Petition

Aug 3, 2022|

In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions. However, in 2020 following the IT Serve Alliance case, the USCIS entered into a settlement agreement where it agreed to set aside [...]

3May, 2022

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

May 3, 2022|

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens [...]

15Apr, 2022

Reminder: DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents

Apr 15, 2022|

DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents. DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened [...]

23Feb, 2022

7 Things to Know About the H-1B CAP

Feb 23, 2022|

The registration process for the H-1B FY2022 lottery begins shortly, and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the $10 registration fee charged by USCIS). In this linked in immigration article, Attorney [...]

23Feb, 2022

5 Ways of Improving Your Chances of Filing a Successful H-1B CAP Petition

Feb 23, 2022|

In 2020 the USCIS implemented a new electronic H-1B CAP registration process. What was once a painstaking process of filing entire petitions with filing fee checks (not to mention legal expenses), has now been simplified. In this linked in immigration article, Attorney Kidambi highlights some of the ways of improving your chances of [...]

4Feb, 2022

How To Create a myUSCIS Account for H-1B CAP Electronic Registration

Feb 4, 2022|

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Registrants will be able to create new accounts beginning at noon Eastern [...]

31Jan, 2022

H-1B CAP REGISTRATION STARTS MARCH 1ST

Jan 31, 2022|

FY 2023 H-1B Cap Initial Registration Period Opens on March 1 U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives [...]

28Jan, 2022

USCIS Provides Updated Criteria for Determining If a Case Warrants Expedited Treatment

Jan 28, 2022|

USCIS has updated the USCIS Policy Manual to reflect new guidance on how they determine whether a case warrants expedited treatment. The new guidance is effective immediately. This update: Clarifies the criteria and circumstances under which we generally consider expedite requests from nonprofit organizations as determined by the Internal Revenue Service Provides additional [...]

15Nov, 2021

USCIS Releases Policy changes for Employment Authorization for Certain H-4, E, and L Non immigrant Dependent Spouses

Nov 15, 2021|

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L [...]

12Nov, 2021

Automatic EAD Extension for Nonimmigrant Spouses

Nov 12, 2021|

Washington, DC – In a historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, there will be forthcoming changes made to the Employment Authorization Document (EADs) for H-4 and L-2 dependents. The litigation successfully achieved the reversal of U.S. Citizenship and Immigration Services (USCIS) policy that [...]

13May, 2021

Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver

May 13, 2021|

Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already complex situation, more difficult. The US Embassies in India have suspended all routine [...]

16Mar, 2021

USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

Mar 16, 2021|

U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Non immigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before [...]

25Feb, 2021

7 Things to Know About the H-1B CAP

Feb 25, 2021|

The registration process for the H-1B FY2022 lottery begins shortly and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the $10 registration fee charged by USCIS).   Registration Period is from March 09th [...]

5Feb, 2021

FY 2022 H-1B Cap Initial Registration Period Opens on March 9

Feb 5, 2021|

USCIS today announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; you cannot use this number to [...]

21Jan, 2021

Memorandum Issued to Halt USCIS/DOL Action affecting H-1B Visa Process

Jan 21, 2021|

The Biden Administration through White House Chief of Staff Ron Klain, issued a memorandum on January 20th that specifically instructs Agencies that a “Regulatory Freeze Pending Review” is effective as of noon on January 20, 2021 in order to ensure that the President’s appointees or designees have the opportunity to review any [...]

15Jan, 2021

DOL Final Rule on Computation of Prevailing Wage Levels

Jan 15, 2021|

The DOL published a final rule adopting, with changes, the interim final rule published at 85 FR 63872. The Rule is amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The rule is effective 3/15/21. (86 FR 3608, 1/14/21).  Read the [...]

15Jan, 2021

DHS Publishes Final Rule Creating Wage-Based Selection System for Cap-Subject H-1B Petitions

Jan 15, 2021|

On January 8, 2021, the Department of Homeland Security (DHS) published a final rule which will replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B cap-subject petitions with a wage-based selection process. The new system will select registrations based on the highest Occupational Employment Statistics (OES) [...]

13Jan, 2021

USCIS lockbox updates

Jan 13, 2021|

Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six [...]

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