NEWS
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 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 to Publish Revised Form I-539 and New Form I-539A on March 8
USCIS has revised Form I-539, Application to Extend/Change Non-immigrant Status and will publish the revised form on their website on March 8, 2019. USCIS will be removing the 12/23/16 version of Form I-539 from uscis.gov on March 8 but will [...]
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.
Not So Fast – New Policy Makes Satisfying the One-Year Qualifying Employment for L-1 Harder
Mr. G, the president of a multinational company (MNC), wanted me to explore immigration options for a prospective employee (KG). KG is an international student at a U.S. institution, currently in the Optional Practical Training phase of his degree, who [...]
DOL Statistics on H-1Bs – First Quarter of FY2019
The DOL OFLC has released H-1B statistics as of 12/31/18. The data includes the number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, [...]
USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
USCIS announced late Friday (2/15/2019) that it would resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. This means change of employer petitions filed after this date, or immediately will not [...]
USCIS to Publish Revised Form I-539 and New Form I-539A
USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on their website on March 11, 2019. Beginning March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of [...]
USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future P nonimmigrant visa petition. A consultation letter from a U.S. labor organization is generally required for petitions in the [...]
H-1B CAP 2019 – Are You Ready?
Join us for a free webinar on February 22, 2019 12pm-1pm EST. Register Now The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs from prior years and how various RFEs have created a valuable [...]
DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program
The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS [...]
USCIS Makes Two More Applications Available for Online Filing
USCIS announced today that applicants can now complete and file Form N-600, Application for Certificate of Citizenship, and Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 online. Applicants can file Form N-600 to obtain a Certificate [...]
DHS Proposes Changes to the H-1B Visa Lottery Process
The Office of Management and Budget (OMB) has completed review of the H-1B proposed regulation as of January 25, 2019. It must be published in the Federal Register before the rule can go into effect. We will post any updates [...]
USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Alert: USCIS will resume premium processing on Monday, Jan. 28 for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in [...]
USCIS Adjustment of Status Filing Dates for February 2019
USCIS determined that for February 2019, the Dates for Filing chart must be used for family-based preference filings and the Final Action Dates chart must be used for employment-based preference filings.