H-1B Cap Season

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Following up on its November announcement, last week USCIS issued a Final Rule to change the way cap-subject H-1B petitions are selected.

The Final Rule (which is unchanged from the proposed November Rule) would significantly alter the H-1B cap selection process by creating a tiered selection system. The tiered system would be based on the…

On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers.  If the Proposed Rule is finalized in its current form and made effective, this would affect the registration selection process for employers…

From the Public Engagement Division of USCIS:  U.S. Citizenship and Immigration Services announced on 12/6/19 the requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10 H-1B registration fee before filing a petition for the fiscal year 2021 H-1B…

On March 3, The U.S. Citizenship and Immigration Service (USCIS) announced that it will temporarily suspend premium processing for all H-1B petitions starting on April 3, 2017 until further notice. This suspension is anticipated to last for a period of up to 6 months. During this suspension, Petitioners are unable to file Form I-907, Request…

U.S. Citizenship and Immigration Services (USCIS) announced on April 20, 2016 that that for two weeks after premium processing resumes for H-1B cap-subject petitions (scheduled to start on May 12, 2016), USCIS will temporarily suspend use of Pre-Paid Mailers. This means that USCIS will not use any provided pre-paid mailers submitted with H-1B cap petitions…

For FY 2017, the US Citizenship and Immigration Services (USCIS) received approximately 236,000 cap-subject H-1B petitions—which is more than last year by about 3,000 petitions.  Because the number of available spots remained the same, the odds of “winning” the H-1B Cap Lottery are slightly worse than last year.

Using the limited information available and basic…

America’s traditional view on immigration has been: “Give me your tired, your poor, your huddled masses yearning to breathe free.” As we head into the fall presidential elections, we’re now hearing such promises as: “I will stop illegal immigration, triple border security and put in the surveillance and biometric tracking to secure the border.” Not…

As many are aware, the filing period for H-1B petitions subject to the fiscal year 2016 numerical cap begins in about two weeks, on April 1, 2015.  United States Citizenship and Immigration Services (USCIS) currently reports again this year that it anticipates receipt of more than the allotted quota of 65,000 cap-subject H-1B petitions (including…

You’ve likely been flooded with information regarding H-1B season from multiple sources.  Yesterday, the US Citizenship and Immigration Service (USCIS) issued its own information(http://www.uscis.gov/news/uscis-will-accept-h-1b-petitions-fiscal-year-2016-beginning-april-1-2015) regarding Fiscal Year 2016 (FY 2016) H-1B petitions.

Here is a summary:

  • USCIS will accept cap-subject FY 2016 H-1B petitions beginning April 1, 2015.
  • The FY 2016 H-1B

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With no relief in sight for an increase in the limited number of H-1B spots that will be available in Fiscal Year 2016 (FY 2016) nor likely implementation of other possible measures to improve the immigration system by April 1, 2015, are you ready for H-1B Cap Season?  If you are a cap-subject employer, it’s…