H-1B – The Immigration Bulletin

USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions

U.S. Citizenship and Immigration Services today announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject.

Petitioners filing FY 2021 cap-subject H-1B petitions will not be able to request premium processing when USCIS begins accepting cap-subject petitions on April 1. Until premium processing resumes for FY 2021 cap-subject H-1B petitions, USCIS will reject any Form I-907 concurrently filed with a cap-subject H-1B Form I-129.

As USCIS has done in the past, premium processing will resume in a two-phased approach during the FY 2021 cap season so that USCIS can best manage premium processing requests. The first phase will include FY 2021 cap-subject H-1B petitions, including those eligible for the advanced degree exemption, requesting a change of status from F-1 nonimmigrant status. The second phase will include all other FY 2021 cap-subject petitions.

Continue reading “USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions”

Forbes: Restrictions On H-1B Visas Found To Push Jobs Out Of The U.S.

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Important new research concludes immigration restrictions that prevent companies from hiring high-skilled foreign nationals in the U.S. represent bad economic policy and are counterproductive. The first-of-its-kind study examining company-level responses to government immigration rules found H-1B visa restrictions carry the unintended consequence of pushing jobs outside the United States and lead to less innovation in America.

Read the rest of the Forbes article here.

Changes to the H-1B Program Are Coming

On January 31, 2019, the Department of Homeland Security announced two major changes to the H-1B program. Under the final rule, which takes effect April 1, 2019, employers seeking to file H-1B petitions will now be required to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Continue reading “Changes to the H-1B Program Are Coming”

Rescission of H-4 EADs is Imminent

Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment authorization for H-4 visa status holders. Continue reading “Rescission of H-4 EADs is Imminent”

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. Continue reading “Looking into our Crystal Ball to Plan Ahead for H-1B Season”

Alert: USCIS Conducts Random H-1B Lottery for FY 2018

Today, after receiving 199,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) on April 11 to select the H-1B petitions that it will adjudicate for the 65,000 general-cap and 20,000 master’s cap visas available for FY 2018. Continue reading “Alert: USCIS Conducts Random H-1B Lottery for FY 2018”

H-1B Cap for FY 2018 Met

United States Citizenship & Immigration Services (“USCIS”) announced Friday that it had reached the congressionally mandated H-1B cap for fiscal year 2018. Continue reading “H-1B Cap for FY 2018 Met”

Plan Ahead: H-1B Season is Around the Corner

As a reminder to all U.S. employers, H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2018 on Saturday, April 1, 2017. Continue reading “Plan Ahead: H-1B Season is Around the Corner”

U.S. Manufacturers Need Immigration Certainty to Grow Economy

When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s immigration initiatives would affect the millions of undocumented workers. Continue reading “U.S. Manufacturers Need Immigration Certainty to Grow Economy”

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Generally, employers face a difficult balancing act when attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. Continue reading “OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process”