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



4Oct, 2019

ICE Updates Policy for OPT Students – How to Determine if Employment is in a “Major Area of Study”

Oct 4, 2019|

On September 27, 2019, Immigration and Customs Enforcement updated and provided policy guidance on how to determine whether a student’s practical training is in an area “directly related” to the student’s major area of study. This is in keeping with the regulations at 8 CFR 214.2(f)(10)(ii)(A) and is applicable to both CPT and [...]

24Sep, 2019

What to Know and How to Prepare for STEM-OPT Employer Site Visits

Sep 24, 2019|

In a new development, DHS/Immigration Customs Enforcement (ICE) has commenced site visits to employer locations that train STEM OPT students. This program began about 12 days ago, and clients have started reporting site visits to verify STEM OPT related information. Advance Notice to Employers: According to the Study in the States website maintained [...]

10Sep, 2019

OFLC Announces Schedule for Electronic Filing of LCAs in the FLAG System

Sep 10, 2019|

Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of LCA applications until 12:00 p.m. Eastern Time on October 1, 2019. OFLC will [...]

16Aug, 2019

USCIS Returns Unselected FY2020 H-1B Cap-Subject Petitions

Aug 16, 2019|

USCIS announced that it has returned all FY2020 H-1B cap-subject petitions that were not selected in the lottery. Petitioners who haven’t received a receipt notice or a returned petition for a cap-subject H-1B petition by August 29, 2019, should contact USCIS for assistance. Read the USCIS News Release.

12Aug, 2019

USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law

Aug 12, 2019|

The U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private [...]

12Jul, 2019

RFEs, RFEs and Still more RFEs – The Continuing Assault on the H-1B Program

Jul 12, 2019|

It was obvious, panic and frustration had gripped my client. She blurted out, “they’re killing it, aren’t they?” She was referring to a memo that had just been issued by the USCIS, but it almost sounded like she was referring to the proverbial golden goose. The memo announced a change in policy, restoring [...]

11Jul, 2019

House Passes Fairness for High-Skilled Immigrants Act H.R. 1044

Jul 11, 2019|

On 7/10/19, the House passed H.R. 1044 by a vote of 365 to 65. If enacted, the bill would eliminate the per-country numerical limitation for employment-based immigrants and increase the per-country numerical limitation for family-sponsored immigrants from 7 percent to 15 percent. Read the pdf of the H.R. 1044 bill.

22May, 2019

HandiCAPping Anyone? Making Sense of the H-1B Random Selection Process

May 22, 2019|

On May 17th, the USCIS announced it had completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. Now, the Service will begin returning all H-1B cap-subject petitions that were not selected. This process usually takes [...]

20May, 2019

USCIS Completes Data Entry of FY2020 H‑1B Cap-Subject Petitions

May 20, 2019|

Today, USCIS announced that it had completed data entry for all FY2020 H‑1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. USCIS will now begin returning unselected petitions. Additionally, USCIS may transfer some Form I‑129 H‑1B cap-subject petitions between the Vermont and California [...]

26Apr, 2019

White House Issues Memo on Combating High Non-immigrant Overstay Rates

Apr 26, 2019|

The White House issued a memo on combating high non-immigrant visa overstay rates. Among other things, the Secretary of State, in consultation with the AG and Secretary of Homeland Security, shall provide recommendations of actions to take to reduce nonimmigrant overstay rates from certain countries. Clients should take particular note of the [...]

12Apr, 2019

USCIS Completes the H-1B Cap Random Selection Process for FY 2020

Apr 12, 2019|

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions [...]

11Apr, 2019

Uptick in Site Visit and NOID/NOIR Activity

Apr 11, 2019|

We have received credible reports from clients and other practitioners that the number of site visits targeting Consulting companies has increased significantly in the past several weeks. Employees should be made aware that site inspectors could call on them at the end client site unannounced. When this happens, employees must politely ask to [...]

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