To update my September 5, 2019 post, USCIS has announced a final rule that requires a $10 non-refundable registration fee for each cap-subject H-1B submitted by petitioning employers. USCIS announced that this registration fee will modernize operations and allow the agency to more efficiently process H-1B applications. The rule goes into effect on December 9,
H-1B Lottery
H-1B Lottery Update!
By Ali Brodie on
Posted in H-1B Temporary Workers, Priority Dates
Today, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery). This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000 regular-general cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected H-1B…
Travel Ban During H-1B Season
Words matter. The words of President Trump as President of the United States and as candidate Trump have been heard by the Courts, not of public opinion, but of the U.S. District Court of Hawaii. In the Court Order enjoining the implementation of the Administration’s second travel ban Executive Order, the words “Muslim Ban” used…
Expansive Final Rule Affecting Employment-Based Immigrant and Nonimmigrant Visa Programs Published – good news for H-1B visa holders and those seeking permanent residency
On November 18, 2016, US Department of Homeland Security (DHS) published a final rule to “improve aspects of certain employment-based nonimmigrant and immigrant visa programs.” This final rule also “amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting…
FY2017 H-1B Cap: USCIS Temporarily Suspends Use of Pre-Paid Mailers for Certain H-1B Cap Subject Petitions
By Alka Bahal on
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…
USCIS Completes the H-1B Cap Random Selection Process for FY 2017
By Alka Bahal on
On April 7, 2016, USCIS announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.
Yesterday USCIS announced that, on…
H-1B Cap Season FY 2017 is Here: Be Prepared
Demand for H-1B numbers is likely to remain high during Fiscal Year 2017 (FY2017). It remains to be seen whether proposed and actual changes to the Immigration Regulations, such as extended STEM OPT EADs, H-4 EADs, etc., will reduce the demand or alleviate the lottery for H-1B numbers.
If you are a cap-subject employer, it’s…
DHS Asks Court to Extend Stay on STEM OPT Until May 10, 2016
By Alka Bahal on
On December 22, 2015, DHS filed a motion under Federal Rule of Civil Procedure (FRCP) 60(b)(6) requesting that the U.S. District Court for the District of Columbia extend the stay of vacatur of the 2008 STEM OPT interim final rule for 90 days, in order to give the government additional time to analyze the more…
FY 2016 H-1B Cap: Receipt Notices and Returned Petitions
Receipt or return. The US Citizenship and Immigration Service (USCIS) has indicated that it will now begin returning FY 2016 H-1B cap-subject petitions that were not chosen in the FY 2016 H-1B Lottery (computer-generated random selection process).
Receipts for H-1B petitions selected for processing have been issued over the past week or so. In this …
FY 2016 H-1B Cap: What Are the Odds?
Last year at about this time, I published a blog post captioned, “FY 2015 H-1B Cap: What are the Odds?” (https://immigrationview.foxrothschild.com/h-1b-temporary-workers/fy-2015-h-1b-cap-what-are-the-odds/). According to my very basic calculations, I estimated that the odds of receiving one of the limited FY 2015 H-1B numbers was about 43% under the regular cap, with slightly better chances for those…