NEWS
H-1B
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 [...]
H-1B CAP Registration Fee of $10 May Remain the Same for 2023
The proposed fee increase announced recently by the USCIS is currently in the 60-day comment period which ends on March 6, 2023. If there are enough comments to offset some of the increases, there could be delays while the USCIS consolidates the publication of the Final Rule. Given that H-1B CAP registration begins [...]
Making Hay While the Moon Shines! Employee’s Remote Work Gives Rise to “Moonlighting” Issue
We have seen the number of concurrent H-1B petitions continue to rise. As stated earlier, while the USCIS has no regulations that prevent an employer from filing a concurrent H-1B for full time employment, it does require a schedule of hours worked showing how the employee will spend the work week managing multiple [...]
USCIS Reaches Fiscal Year 2023 H-1B Cap
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 [...]
When Not to File an Amended H-1B Petition
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 [...]
USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants
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 [...]
Reminder: DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents
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 [...]
7 Things to Know About the H-1B CAP
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 [...]
5 Ways of Improving Your Chances of Filing a Successful H-1B CAP Petition
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 [...]