Archives: H-1B

Subscribe to H-1B RSS Feed

Premium Processing Resumes for H-1B Petitions Filed Prior to December 21, 2018

USCIS announced on Friday, February 15,, 2019, that it will resume premium processing on Tuesday, February 19, 2019 for H-1B petitions filed prior to December 21, 2018.  This follows up on the USCIS announcement at the end of January that it would resume premium processing for cap-subject petitions that were filed on or about April … Continue Reading

Bill to Eliminate Per-Country Caps on Green Cards Re-Introduced

Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S. House and Senate, led by Representative Zoe Lofgren (D-CA) and Senator Kamala Harris (D-CA), have again introduced … Continue Reading

U.S. Government’s Fake Universities Net F-1 Foreign Students, Recruiters

For some time now, the U.S. has been on the lookout for students who enroll in graduate programs solely for the purpose of obtaining additional CPT (Curricular Practical Training), particularly when they do not “win” the H-1B  lottery. Indeed, USCIS has issued Requests for Evidence (RFEs) regarding H petitions when it suspects that a student … Continue Reading

Tech Companies Expand to Canada

Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due to the limited number available. Microsoft opened a development office in Vancouver at that time. Since then, … Continue Reading

2019 H-1B Cap Season: New Cap Lottery Selection Rule Favors Beneficiaries with U.S. Master’s Degrees

While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on January 31, 2019. As expected, the new rule provides for an electronic pre-registration requirement and reverses the order … Continue Reading

H-1B Premium Process Resumes

Just as the end of the month-long government shutdown was announced, USCIS had its own announcement: it will resume premium processing on Monday, January 28, 2019, for all FY 2019 H-1B Cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Form I-907 requests for premium processing will be accepted for pending … Continue Reading

Does Presidential Tweet Portend Positive Developments in H-1B Visa Program?

President Donald Trump surprised the immigration community recently with an encouraging tweet about H-1B visa holders: H-1B holders in the United States can rest assured that changes are soon coming which will bring both simplicity and certainty to your stay, including a potential path to citizenship.  We want to encourage talented and highly skilled people … Continue Reading

Time to Prepare for the 2019 H-1B Cap Season

Although the number of petitions filed has decreased slightly over the past couple of years, the H-1B cap has been reached every year for the last six years. Due to the high demand, businesses must be ready to file their H-1B petitions on April 1, 2019. Thus, it is time to start strategizing and preparing … Continue Reading

USCIS Ends Humanitarian Parole Program for Commonwealth of the Northern Mariana Islands (CNMI)

USCIS announced that, effective immediately, it is terminating yet another humanitarian parole program. This one is for individuals living in the Commonwealth of Northern Mariana Islands (CNMI). This move will affect, among others: Immediate relatives of U.S. citizens; Certain “stateless” individuals; Immediate relatives of CNMI permanent residents; and Certain in-home foreign worker caregivers of CNMI … Continue Reading

Amendments to H-1B Visa Regulations Proposed

The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019. DHS proposes: Adding a free electronic pre-registration process; and Changing the random selection process in a way that would likely benefit holders of U.S. master’s degrees. The pre-registration … Continue Reading

U.S. May Eliminate Per-Country Caps on Employment Visas

A potentially significant bill eliminating the per-country caps on employment-based visas may become law. H.R. 392, Fairness for High-Skilled Immigrants Act, first introduced in 2017, had 300 co-sponsors. It is now championed by outgoing Representative Kevin Yoder (R-Kan.) as an amendment to the spending package that Congress likely will pass this year. The bill means … Continue Reading

F-1 Student Visa, Optional Practical Training Risks Continue

Although there have been discussions for some time that the Trump Administration would change the rules regarding Optional Practical Training (OPT), OPT did not show up in the most recent “regulatory agenda.” Nevertheless, the Administration has been putting limits on F-1 students in other ways. Those changes, at least in part, are responsible for a … Continue Reading

Department of Homeland Security Fall 2018 Agenda Portends Big Changes for H-1B Visa, Other Programs

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading

USCIS Explains New Policy on Discretionary Application Denials

Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted: The new policy takes effect … Continue Reading

USCIS Raises Premium Processing Fee: Effective October 1, 2018

On October 1, 2018 the premium processing fee for all Forms I-129 (Non-Immigrant Worker) and Forms I-140 (Immigrant Petition for Alien Worker) will be raised from $1,225 to $1,410.  USCIS announced this almost 15% increase on August 31, 2018. According to USCIS, this is the first adjustment in premium processing fees since 2010.  The agency … Continue Reading

New Foreign-Student Work Restriction Has Outsourcing and Staffing Firm Suing

The Trump Administration is continuing its assault on outsourcing and staffing firms. The latest Administration focus is on the STEM OPT program. In April 2018, without notice, USCIS made certain changes to its website. It declared, among other things, that a STEM OPT employer “may not assign, or otherwise delegate, its training responsibilities to a … Continue Reading

Healthcare Implications of Supreme Court’s Decision on President’s Travel Ban

Now that the U.S. Supreme Court has upheld President Donald Trump’s Travel Ban in Trump v. Hawaii, it is important to think about some of the consequences the ban will have on various industries that rely on employing individuals from the affected countries: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Healthcare is one of … Continue Reading

Labor Department To Demand More Information in H-1B Labor Condition Application

The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA), that would require more details about the end-user clients and potential worksites specific to the placement of H-1B workers. Current practice requires employers to list the addresses for all intended worksites. The proposed change would … Continue Reading

State Department to Release New Visa Restrictions on Students from China

New restrictions on visas for citizens of China are expected as soon as June 11, 2018, according to the Associated Press. These restrictions, the report states, would target students in high-tech fields such as robotics and aviation. The changes would be part of the Trump Administration’s national security strategy to protect American’s intellectual property and … Continue Reading

Requirements for H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges

USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges. Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that … Continue Reading

Administration Pushes to Add Extreme Vetting to All Nonimmigrant Visa Applications

Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal. Visa applicants would be required to submit five years of social media handles on specific platforms and five years of phone numbers and email … Continue Reading
LexBlog