NEWS
H-1B
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In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions.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 [...]
How To Create a myUSCIS Account for H-1B CAP Electronic Registration
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 [...]
H-1B CAP REGISTRATION STARTS MARCH 1ST
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 [...]
USCIS Provides Updated Criteria for Determining If a Case Warrants Expedited Treatment
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 [...]
USCIS Releases Policy changes for Employment Authorization for Certain H-4, E, and L Non immigrant Dependent Spouses
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 [...]
Automatic EAD Extension for Nonimmigrant Spouses
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 [...]
Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver
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 [...]
USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
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 [...]
Time to Lift the Ban – Scapegoating Professional Visas Hurts the Economy and Stifles Innovation
Be it a Republican administration, or one led by Democrats, a common theme appears to be the raw deal handed to non immigrant professionals. While the Biden administration halted midnight regulations including scrapping a wage-based lottery for the H-1B CAP, it has refrained from revoking the ban on the entry of professionals. This [...]
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). Registration Period is from March 09th [...]
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
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 [...]
Memorandum Issued to Halt USCIS/DOL Action affecting H-1B Visa Process
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 [...]
DOL Final Rule on Computation of Prevailing Wage Levels
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 [...]