NEWS
H-1B
USCIS Announces Workload Transfer of Certain H-1B Petitions from CSC to NSC
USCIS announced that on 10/30/18, it transferred Form I-129, Petition for Non-immigrant Workers, for petitioners requesting H-1B non-immigrant classification from the CSC to the NSC.
DHS Final Rule Increasing the Premium Processing Fee
DHS final rule is increasing the premium processing fee charged by USCIS. DHS is increasing the fee by 14.92 percent, from $1,225 to $1,410. This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. https://www.gpo.gov/fdsys/pkg/FR-2018-08-31/pdf/2018-19108.pdf
USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays
USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions. While [...]
USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark
AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS's posted processing times. Previously, [...]
USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in their computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, they cannot provide a definite time frame for returning unselected petitions.Additionally, USCIS may [...]
Extending OPT beyond the initial period and When to Apply for STEM OPT
CAP Gap Employment: The USCIS has clarified that F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization. An F-1 student who is the beneficiary of an H-1B petition and request for change of status that is filed on time may [...]
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for FY 2019. USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced [...]
New E-Verify.gov Website a User-Friendly Source to Verify Employment Eligibility
USCIS today announced the launch of new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public. The user-friendly website provides information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification [...]
FY 2019 H-1B CAP Reached
UPDATE: On April 6, 2018, USCIS reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. USCIS will continue to accept and process petitions that are otherwise exempt from [...]
Policy Memorandum Issues Prohibition on Multiple H-1B filings by Related Entities
USCIS issued a policy memorandum designating Matter of S- Inc., as an adopted decision, discussing the prohibition on multiple H-1B filings by “related entities" (such as a parent company, subsidiary, or affiliate). Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)
USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, [...]
Members of Congress Write to USCIS to Preserve H-4 EAD Program
Kidambi & Associates applauds the effort by Congress H4 EAD alive!
USCIS Strengthens Protections to Combat H-1B Abuses Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions
The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an [...]
H-1B CAP 2019 – KIDAMBI & ASSOCIATES INITIATES PROCESSING FOR CAP CASES
74 Days to H-1B CAP FILING DEADLINE for 2018 (FY 2019)! Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Important Notes for [...]
DHS Seeks to End Work Eligibility for Spouses of H-1B Holders
Breaking News**Wall Street Journal - DHS Seeks to End Work Eligibility for Spouses of H-1B Holders Department in proposal cites Trump’s ‘Hire American’ executive order in notice of possible reversal of Obama-era rule By Laura Meckler Dec. 14, 2017 9:00 p.m. ET 8 WSJ | 2017-12-15T02:00:00.000Z The spouses of highly skilled foreign [...]
DHS Seeks to End Work Eligibility for Spouses of H-1B Holders
Breaking News**Wall Street Journal - DHS Seeks to End Work Eligibility for Spouses of H-1B Holders Department in proposal cites Trump’s ‘Hire American’ executive order in notice of possible reversal of Obama-era rule By Laura Meckler Dec. 14, 2017 9:00 p.m. ET 8 WSJ | 2017-12-15T02:00:00.000Z The spouses of highly skilled foreign workers [...]
USCIS Concurs with Four OIG Recommendations on H1B Site Visit Program
Based on the audit to determine whether the USCIS Administrative Site Visit and Verification Program (ASVVP) and targeted site visits are safeguarding the integrity of the H-1B Program, USCIS concurs with four recommendations and has begun corrective actions to address the findings: 1. A process to collect and analyze complete and accurate [...]
USCIS Concurs with Four OIG Recommendations on H1B Site Visit Program
Based on the audit to determine whether the USCIS Administrative Site Visit and Verification Program (ASVVP) and targeted site visits are safeguarding the integrity of the H-1B Program, USCIS concurs with four recommendations and has begun corrective actions to address the findings: 1. A process to collect and analyze complete and accurate data [...]
USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order
USCIS has posted additional data about the agency’s employment-based visa programs on its website. This new information reflects USCIS’ commitment to transparency in carrying out President Trump’s Buy American and Hire American Executive Order. The L-1 and H1B datasets are now available.
Premium Processing Now Available for All Petitioners Seeking H-1B Visas
USCIS resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s [...]