NEWS
H-1B
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 [...]
USCIS Will Begin Premium Processing for Certain FY2020 Cap-Subject H-1B Petitions on May 20, 2019
Premium processing for FY2020 cap-subject H-1B petitioners requesting a change of status on Form I-129 will begin on 5/20/19. For all other FY2020 H-1B cap-subject petitions, it will begin in June 2019 or later. From 5/20/19 until 6/3/19, final notices will not be sent using prepaid mailers. Read the USCIS news release. [...]
USCIS Completes the H-1B Cap Random Selection Process for FY 2020
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 [...]
Uptick in Site Visit and NOID/NOIR Activity
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 [...]
USCIS Reaches FY 2020 H-1B Regular Cap
USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if they have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. [...]
USCIS Will Begin Premium Processing for Certain FY2020 Cap-Subject H-1B Petitions on May 20, 2019
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status [...]
USCIS Launches H-1B Employer Data Hub
USCIS has launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers. The data hub is part of their continued effort to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS [...]
DOL Issues Memo on Compliance with the H-1B Notice Requirement by Electronic Posting
The U.S. Department of Labor's Wage and Hour Division issued a Field Assistance Bulletin (FAB) reiterating employers' responsibilities under the H-1B visa program. The FAB confirms that if an H-1B employer chooses to provide notice through electronic media, the employer must ensure that affected American workers, including those employed by a third-party, have [...]
USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes
USCIS has announced the start of the FY 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. USCIS will begin accepting H-1B petitions subject to the FY 2020 cap on [...]
USCIS Announces Resumption of Premium Processing for All H-1B Petitions
USCIS announced that it resumed premium processing on Tuesday, March 12, 2019, for all H-1B petitions. If an RFE (request for evidence) for a pending petition was received, you should include the RFE response with the premium processing request.
USCIS publishes information on H-1B RFEs for FY2015–FY2019 and the Top 30 H-1B Employers of FY2018
USCIS provides data on H-1B RFEs from FY2015 through the first quarter of FY2019, as well as data on the top 30 employers with the most H-1B petition approvals in fiscal year 2018.