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

NEWS

H-1B

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USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos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may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Non immigrant Worker, made based on three rescinded policy memos.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 [...]

8Jan, 2021

USCIS Modifies H-1B Selection Process to Prioritize Wages

Jan 8, 2021|

U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. According to the USCIS, modifying [...]

19Oct, 2020

Premium Processing Fee Increase Effective Oct. 19, 2020

Oct 19, 2020|

USCIS today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of [...]

8Oct, 2020

DOL and USCIS issue interim Final Rules

Oct 8, 2020|

I.  DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR will be published today, 10/8/20, and will be effective on the [...]

2Oct, 2020

H/L Dependents, F, H-4 EAD, EADs, Multinational Executive/Manager I-140s Granted Premium Processing

Oct 2, 2020|

On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. 8089), which seeks to address USCIS’s budget shortfall. The relevant language begins on [...]

1Oct, 2020

Fee Schedule for I-485 and other USCIS Filings

Oct 1, 2020|

On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) As of September 30, 2020, many [...]

1Sep, 2020

USCIS Fee increase Table. New Fee effective 10/02/2020

Sep 1, 2020|

Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. [...]

20Aug, 2020

Form I-9 Verification During EAD Production Delays Due to COVID-19

Aug 20, 2020|

USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C [...]

23Jun, 2020

Presidential Proclamation Limiting Entry of Certain Nonimmigrants

Jun 23, 2020|

This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd   At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, H-1B CAP filings are unaffected Change of Employment and Extensions of nonimmigrant status [...]

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