USCIS Proposes Filing Fee Increases

On November 14, 2019, United States Citizenship and Immigration Services (USCIS) issued a proposed regulation, which would substantially increase the filing fees for many types of immigration benefits. The agency’s notice of proposed rulemaking, which is published in the Federal Register, explains that the proposed regulation would increase costs for most petitioners and applicants...
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The NEW H-1B Cap Registration Process

The H-1B classification provides temporary permission for employers to hire qualified foreign nationals in specialty occupations. The Department of Homeland Security (DHS) typically accepts a limited number of H-1B cases during each of the federal government’s fiscal years due to the annual cap. There are 65,000 H-1B cap slots, with 20,000 additional H-1B slots that may be allocated...
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Will H-4 Nonimmigrants Lose Employment Authorization?

In a letter to the U.S. Court of Appeals for the D.C. Circuit, the Department of Homeland Security (“DHS”) has informed the court that a proposed regulation to rescind the H-4 employment authorization is not likely to be published in the Federal Register...
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Online Filing Options Through New FLAG System

The new Foreign Labor Application Gateway, “FLAG”, has been adding new filing capabilities in the past few months. Next on the to-do list is moving H-1B filing over to FLAG, along with filings for H-1B1 and E-3 programs. The shift is scheduled for later this year...
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The ‘Buy American and Hire American’ Executive Order Two Years Later

On April 18, 2017, President Donald Trump signed an Executive Order titled “Buy American and Hire American.” The President insisted that the Executive Order would favor American workers more so than the policies already in place. He also intended, among other things, for the “Buy American and Hire American” Executive Order to address his concerns with the H-1B visa program. The President thought that the H-1B lottery system should be modified so that H-1B visas would only go to the most skilled and highest-paid applicants. He also insisted that the H-1B system should not be allowed to replace American workers with foreign workers. The new Executive Order was meant to address these flaws in the H-1B program. Technically, the executive order did not create any laws or modify any that already existed. Instead, the Order set in place a policy for the maximization of the production, and sale of goods, products and materials produced in the United States. With an eye toward fulfilling the mandate of the “Buy American and Hire American” Executive Order, United States Citizenship and Immigration Services (USCIS) has applied new rules, directives and adjustments to safeguard the jobs of American workers and to avert abuses of […]
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USCIS Reaches the H-1B Cap for 2020

The H-1B program provides an avenue for businesses in the United States to bring foreign nationals into the country to work. But, not just any foreign national will qualify for an H-1B visa. H-1B visas apply only to foreign workers with at least a bachelor’s degree and to occupations that require “highly specialized knowledge.” For example, H-1B visa holders often work in the fields of science, engineering, information technology, teaching and accounting. Making H-1B visas even more selective, the United States Congress has mandated a cap for the number of H-1B visas that will be offered every year. The cap is currently 65,000. There is, however, an exemption from the cap for an additional 20,000 foreign nationals who have earned a U.S. master’s degree or higher. Of course, the number of applications from businesses in the United States for H-1B visas greatly exceeds the cap. The open filing period for H-1Bs began on April 1, and by April 5, USCIS announced that they had received enough applications to meet the cap of 65,000. In total, USCIS received 201,011 H-1B petitions during the filing period. Due to the large number of applications, the applicants that will receive H-1B visas are chosen […]
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USCIS Launches H-1B Employer Data Hub

On April 1, 2019, USCIS launched the H-1B Employer Data Hub, a search tool/information base that provides information to the public. Some employers in the United States use the H-1B program to temporarily employ foreign workers in certain occupations. The Data Hub helps the public to view which employers petition for H-1B workers and calculate approval and denial rates. A petitioner can be searched by fiscal year, NAICS code, employer name, city, state or ZIP code. Data for individual fiscal years is available to download on the H-1B Employer Data Hub Files page. USCIS has also created the Understanding Our H-1B Employer Data Hub page to help the public use the data hub and understand the terminology used within.  USCIS will provide quarterly updates and annual releases of the data and anticipates updating the data hub on a quarterly basis. For example, data for the first quarter of a fiscal year (October through December), will be provided in April of that fiscal year.  If you have questions on the H-1B category or are interested in applying for an H-1B visa, be sure to contact Berardi Immigration Law today to schedule a consultation with one of our attorneys!
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