NEWS
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
USCIS today announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This [...]
Memorandum Issued to Halt USCIS/DOL Action affecting H-1B Visa Process
The Biden Administration through White House Chief of Staff Ron Klain, issued a memorandum on January 20th that specifically instructs Agencies that a “Regulatory Freeze Pending Review” is effective as of noon on January 20, 2021 in order to [...]
DOL Final Rule on Computation of Prevailing Wage Levels
The DOL published a final rule adopting, with changes, the interim final rule published at 85 FR 63872. The Rule is amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing [...]
USCIS to Replace Sticker That Extends Validity of Green Cards
USCIS announced that starting in January 2021, it will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”) with a revised Form [...]
DHS Publishes Final Rule Creating Wage-Based Selection System for Cap-Subject H-1B Petitions
On January 8, 2021, the Department of Homeland Security (DHS) published a final rule which will replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B cap-subject petitions with a wage-based selection process. The [...]
USCIS lockbox updates
Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. As a result of COVID-19 restrictions, an increase in filings, current postal service volume [...]
USCIS Modifies H-1B Selection Process to Prioritize Wages
U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled [...]
OFLC Announces Updates to Implementation of the Wage Protections Interim Final Rule in Compliance with District Court Order
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the Department) failed to [...]
** BREAKING NEWS: ** District Court Sets Aside DHS Specialty Occupation and DOL H-1B Wage Rules
CA District Court Sets Aside DHS Specialty Occupation and DOL H-1B Wage Rules Yesterday, December 1, 2020, the District Court for the Northern District of California, set aside the IFRs issued by the Department of Labor and the DHS-USCIS [...]
Premium Processing Fee Increase Effective Oct. 19, 2020
USCIS today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service [...]
DOL and USCIS issue interim Final Rules
I. DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. [...]
H/L Dependents, F, H-4 EAD, EADs, Multinational Executive/Manager I-140s Granted Premium Processing
On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. [...]
Fee Schedule for I-485 and other USCIS Filings
On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC [...]
Downgrading from EB2 to EB3 – What You Need to Know and Consider before Filing
The October Visa Bulletin has been released and there is significant movement in priority dates, especially for EB3 India and China. See figure below. For those with pre-approved I-140s in the EB2 category, the possibility of filing a second [...]
USCIS Fee increase Table. New Fee effective 10/02/2020
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that [...]
Final Rule on Changes to USCIS Fee Schedule
On August 3, 2020, USCIS published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the [...]
Form I-9 Verification During EAD Production Delays Due to COVID-19
USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application [...]
10 things to know about the Presidential Proclamation
Infographic listing the most important points about the latest Presidential Proclamation.
Presidential Proclamation Limiting Entry of Certain Nonimmigrants
This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, [...]
USCIS Issues Updated Policy Guidance and Rescinds Two Policy Memos Regarding the Adjudication of Certain H-1B Petitions
USCIS issued a memo rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification. USCIS is issuing updated policy guidance in their place. The rescinded memos are: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including [...]