NEWS
H-1B
USCIS Updates Guidance on Untimely Filed Extension of Stay and Change of Status Requests
U.S. Citizenship and Immigration Services announced an update to its Policy Manual providing that USCIS, in its discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant [...]
DOS Provides FAQ & Additional Information on Domestic Renewal of H-1B Nonimmigrant Visas for Certain Applicants
The Department of State has announced a pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024, through April 1, 2024, or when all application slots are filled, whichever comes first. Participation in the pilot program [...]
USCIS to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations
USCIS will launch organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. The introduction of organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a [...]
USCIS Announces Inflation Adjustment to Premium Processing Fees
U.S. Citizenship and Immigration Services announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial [...]
FY 2024 H-1B CAP Reached
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) 2024. READ MORE
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS).
DOS Expected to begin Stateside Visa Renewal Pilot in Early 2024
On October 17, 2023, DOS sent for review a Federal Register notice entitled Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens to the Office of Information and Regulatory Affairs. This document, once published, will lay out the eligibility criteria for participation in the Stateside [...]
USCIS Proposed Rule to Amend H-1B Regulations
USCIS Notice of Proposed Rulemaking (NPRM) to amend the H-1B regulations. The NPRM states that the changes will “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.” The NPRM will be published in the Federal Register on 10/23/23. READ MORE
OFLC Provides Guidance on When Amended LCA is Required
In a series of FAQs, DOL issued a set of Frequently Asked Questions (FAQs), Round 4 – Labor Condition Application (LCA/ ETA Form 9035/9035E), for the H-1B, H-1B1 and E-3 programs. It is important to note that the key element of filing an LCA when there is a “material change in the nature [...]
USCIS Will Conduct Second Random Selection from Previously Submitted FY 2024 H-1B Cap Registrations
The USCIS announced today that they will conduct a second random selection on properly submitted H-1B CAP registrations. We predicted this was a possible outcome early in the year. The USCIS website newsroom stated: In March 2023, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B [...]
The Latest Court Ruling’s Impact On H-1B Spouses And Immigration
A federal judge has ruled in favor of the Department of Homeland Security’s regulation that allows the spouses of H-1B visa holders to work, a significant victory for highly skilled foreign-born professionals, their families and the companies that employ them. U.S. District Judge Tanya S. Chutkan granted the defendant’s (DHS) motion for summary [...]
U.S. plans to resume domestic visa renewals for IT Workers
A State Department spokesperson said plans call for resuming domestic renewals in "certain petition-based nonimmigrant work visa categories," which include H and L visas. H-1B visas let employers hire high-skilled foreign workers with a bachelor's or higher degree for two three-year periods. L-1 visas let employers transfer executives or managers to the U.S. [...]
H-1B CAP registration completed for 2023
H-1B cap selection has been completed for this year. 10 REASONS FOR LOW H-1B CAP SELECTION If you think H-1B CAP selection has been low this year, here are a few things to consider: Unlike paper filed cases, the current process allows both the employer and the employee to track registration online. USCIS [...]
USCIS Extends COVID-19-related Flexibilities
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, [...]
USCIS Issues Guidance on an Employer’s Ability to Pay
USCIS is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
State Department Plans Pilot for Domestic Visa Renewal
The State Department will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad.
Options for Nonimmigrant Workers Following Termination of Employment
USCIS is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. READ MORE
Will You Make the H-1B CAP in 2023?!
On March 12, 2008, Bill Gates appeared before Congress and testified that the H-1B CAP “is arbitrarily set and bears no relation to the U.S. economy's demand for skilled professionals.” He also famously urged Congress to increase the H-1B CAP and eliminate per country caps on Green Cards. However, his most important lines [...]
Will You Make the H-1B CAP in 2023?!
2023 appears to be a year where we finally see some balance in the way the H-1B CAP is utilized. Hopefully, you are among the lucky ones who get picked in this year’s lottery. Read more - https://www.linkedin.com/pulse/you-make-h-1b-cap-2023-vaman-kidambi
FY 2024 H-1B Cap Initial Registration Period Opens on March 1 – $10 FEE REMAINS UNCHANGED
U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our [...]