NEWS
H-1B
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.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to the Electronic H-1B Registration Tool
USCIS 60-day notice and request for comments on proposed revisions to the electronic H-1B Registration Tool. Comments are due 8/26/19. Federal Register Notice
USCIS Releases Report on H-1B Approvals and Denials for Top 30 Employers for FY2018
USCIS released a report on H-1B approvals and denials for the top 30 employers with the most initial and continuing approvals for FY2018. The report also includes data on the percentage of completions with RFEs from FY2015 to the first quarter of FY2019.
USCIS Releases Data on H-1B Receipts, Completions, and RFEs
USCIS releases data on H-1B receipts, completions, and RFE from FY2015 to FY2019 (through 3/31/19).
USCIS Will Begin Premium Processing for Remaining H-1B Cap-Subject Petitions on June 10, 2019
USCIS will begin premium processing for all remaining FY2020 H-1B cap-subject petitions on 6/10/19. Petitioners may file a Request for Premium Processing Service, with the USCIS service center processing their petition on that date. USCIS will not use pre-paid mailers between 6/10/19 and 6/24/19. Read the news release.
HandiCAPping Anyone? Making Sense of the H-1B Random Selection Process
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 [...]
USCIS Announces TSC to Begin Accepting Certain Forms I-129
USCIS announced that on 5/20/19, the Texas Service Center (TSC) will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petition. Read the news release.
USCIS Completes Data Entry of FY2020 H‑1B Cap-Subject Petitions
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 [...]
White House Issues Memo on Combating High Non-immigrant Overstay Rates
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 [...]