H-1B Temporary Workers

The Department of Homeland Security (DHS) has published a notice in the Federal Register of a proposed rule to amend its regulations to allow for USCIS to require a $10 registration fee for each petitioner seeking to file H-1B cap-subject petitions.   Written comments are due by October 4, 2019.     As a reminder, April 1, 2020

USCIS’ previous practice of adjudicating the I-539, Application to Extend/Change Nonimmigrant Status, filed with a qualifying I-129 petition under Premium Processing has ended.  USCIS now requires every I-539 applicant pay a biometrics fee and an Application Support Center appointment take place to capture the applicant’s biometrics.  This has led to I-539 applications taking substantially longer

Yesterday, United States Citizenship and Immigration Services (USCIS) announced that the agency has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the lottery. USCIS is still issuing receipt notices as a result of the computer-generated selection process.  We received a notice yesterday, so please note that others may be forthcoming. 

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced start dates for premium processing of fiscal year (FY) 2020 cap-subject H-1B petitions.  USCIS will review premium processing requests in two phases.  The first phase will process cap-subject petitions that request a change of status and the second phase will include all other FY 2020 cap-subject petitions.

Yesterday, USCIS announced it will resume Premium Processing effective Tuesday, March 12, 2019 for all H-1B petitions.  Petitions processed with Premium Processing result in USCIS review within 15-calendar days.  If USCIS fails to act within this time period, the government will refund the petitioner’s premium processing fee.

The reopening of Premium Processing is not specific

Beginning today, Tuesday, February 19, 2019, USCIS is resuming premium processing for H-1B petitions that were filed on or before Dec. 21, 2018.

In its February 15, 2019 announcement, USCIS explained that H-1B Petitioners in this grouping who wish to upgrade a pending H-1B petition with a premium processing request should:

  • Include a copy of

On January 25, 2019, USCIS announced that it would resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions on Monday, January 28, 2019.  There is some confusion among employees and employers thinking that this applies to the upcoming H-1B season.   Please note that the next H-1B cap season is fiscal year 2020,

Cap-subject US employers and their prospective employees alike have been waiting on edge to find out whether the FY2020 H-1B Cap Season would proceed as before or whether US Citizenship and Immigration Service’s (USCIS’s) recently proposed significant changes would be implemented to take effect before April 2019.  The result:  the Registration requirement will not take

The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018.  According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively

What’s a “Notice to Appear” (NTA)?  How about “unlawful presence”?  Phrases such as these may be a new for many following business/employment based immigration matters.  Because of new USCIS Policy memoranda, these removal terms are now added to our business immigration lexicon and concern.

 NTA is the charging document issued by an authorized agent of