NEWS
H-1B
Quick Reference Guide to Some Important Forms and Fee Increases for H-1B Employers
We have compiled a Quick Reference Guide to Some Important Forms and Fee Increases for H-1B Employers.
The IOWA Caucus Fiasco May Have Lessons For H-1B CAP Registration
In order to be proactive and ensure H-1B CAP petitions are filed on time and with the least amount of disruption, it may be prudent and certainly proactive to commence processing of H-1B petitions as in previous years. I believe it is better to be prepared than find oneself in a situation like the Democrats did in Iowa on Monday night
USCIS Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs from FY 2015-2020
USCIS has compiled data on receipts, completions, RFEs from FY2015 to FY2020 for various employment-based non-immigrant visa categories. Read the statistics here.
USCIS Notice of Implementation of H-1B Registration Process for FY2021
USCIS published a notice in the Federal Register announcing the implementation of the registration process for H-1B cap-subject petitions for FY2021. The initial H-1B petition registration period will begin on 3/1/20. USCIS intends to close the initial registration period on 3/20/20 and will announce the actual end date on its website. (85 FR [...]
USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season
USCIS announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B [...]
USCIS Implements $10 Fee for H-1B Visa Registration
USCIS today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, is effective Dec. 9, 2019, and the [...]
DOL Statistics on H-1Bs from Fourth Quarter FY2019
DOL OFLC posted H-1B program statistics as of 9/30/19.
USCIS Adjusting Premium Processing Fee
USCIS announced beginning on Nov. 29, it is adjusting the fee to request premium processing for certain employment-based petitions. The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker.
USCIS Announces E-Verify Records Disposal
USCIS announced that on January 2, 2020, it will dispose E-Verify records that are older than 10 years, or dated on or before December 31, 2009. E-Verify employers have until December 31, 2019, to download case information from the Historic Records Report. For more information, please see the I-9 central page.
USCIS 30-Day Extension of Comment Period on Proposed Revisions to the Electronic H-1B Registration Tool
USCIS 30-day extension of a comment period originally announced at 84 FR 30757 on proposed revisions to the electronic H-1B registration tool. Comments are now due 11/8/19. (84 FR 54159, 10/9/19).
USCIS Releases Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs
USCIS data on receipts, completions, and RFEs from FY2015 to FY2019 (through 9/30/19) for various employment-based non-immigrant visa categories, including H-1B.
ICE Updates Policy for OPT Students – How to Determine if Employment is in a “Major Area of Study”
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 [...]
What to Know and How to Prepare for STEM-OPT Employer Site Visits
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 [...]
OFLC Announces Schedule for Electronic Filing of LCAs in the FLAG System
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 [...]
USCIS advises Employers Should Continue Using Current Form I-9 Even After Expiration
USCIS advises, until further notice, employers should continue using the Form I-9 currently available on I-9 Central, even after the expiration date of August 31 has passed. USCIS will provide updated information about the new version of the form as it becomes available.
USCIS Returns Unselected FY2020 H-1B Cap-Subject Petitions
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.
USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law
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 [...]
USCIS discontinues courtesy premium processing for concurrently filed H4/L2 applicants
We have been informed that due to the new biometrics requirement for all I‑539 applicants, USCIS has discontinued its prior practice of providing premium processing as a courtesy for I‑539s filed concurrently with an I‑129 petition. We believe this could cause significant delays and impact H-4 and L-2 EAD extensions.
RFEs, RFEs and Still more RFEs – The Continuing Assault on the H-1B Program
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 [...]
House Passes Fairness for High-Skilled Immigrants Act H.R. 1044
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.