USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on...more
U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more
As the cap H-1B registration process for fiscal year (FY) 2023 closes, and the lottery is about to begin, this might be a good time to look back at the results of the cap registrations from past fiscal years....more
There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of...more
Premium processing will resume in stages according to USCIS. Cap-subject H-1B petitions will be included only in the last phase.
June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140...more
It is no secret that H-1B visa denial rates have been on the rise over the last two years. Recent reporting sheds light on the litigation ensuing from those denials and the impact of denials on H-1B beneficiaries.
Sanduja...more
The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions...more
On December 6, 2019, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B...more
Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year....more
On May 20, 2019, USCIS will begin premium processing for cap-subject H-1B cases that were filed concurrently with Form I-907 premium processing requests. Under the Premium Processing Service, USCIS guarantees 15-calendar-day...more
Without warning, USCIS announced that as of March 12, 2019, it is resuming premium processing for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time. By...more
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...more
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....more
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...more
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...more
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...more
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...more
USCIS has once again announced the temporary suspension of the Premium Processing service for all cap-subject H-1B cases, including “Master’s Cap” cases.
The suspension is expected to last until September 10, 2018, but...more
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family...more
Uncertainty regarding employment-related immigration regulations has not ebbed with the arrival of the New Year.
Employers may be losing employees to the possible elimination of H-4 EADs and STEM extensions. Major changes...more
The Trump Administration’s Unified Agenda of Federal Regulatory and Deregulatory Actions for the DHS contains close to 60 items.
Published in the spring and fall, the Unified Agenda gives information about regulations that...more
A bi-partisan House panel has approved the “Protect and Grow American Jobs Act,” a bill that would change eligibility requirements for exemption from the standard Labor Condition Application (LCA) requirement for...more
All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more
The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the...more
Although it is not a surprise, the USCIS announced on April 7th that it reached the H-1B cap for fiscal year 2018 – both the regular cap and “Master’s” cap. As usual, the USCIS will reject and return filing fees for all...more