Tag: H-1B Visas

In March of 2018, United States Citizenship and Immigration Services (USCIS) suspended premium processing for all H-1B petitions subject to the 2019 cap. The reason for the suspension was to provide an opportunity for the agency to work through a backlog of petitions and thereby reduce overall H-1B processing times. Many H-1Bs had gone unprocessed […]

Today, the Department of Homeland Security posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. As a reminder, cap-subject petitions are filed on April 1 of each year for individuals who are applying for H-1B status for the first time. To read more about the general […]

After months of suspension, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for fiscal year 2019 H-1B petitions as of January 28, 2019. This includes the advanced degree exemption cases, often referred to as the “master’s cap.” In 2018, USCIS announced that H-1B premium processing would be suspended until February 2019 to reduce […]

Employers should take note of several changes the Department of Labor (DOL) has made to the labor condition application (LCA) that is currently in effect. Recent changes primarily effect employers who place H-1B dependent foreign national employees at offsite locations.   Employers are mandated to have an approved LCA from the Department of Labor if […]

In an effort to make the H-1B visa program more effective and efficient, the Department of Homeland Security (DHS) announced a new notice of proposed rulemaking. This proposed rule is also prompted by the Buy American and Hire American Executive Order, which specifically suggested reforms to the H-1B program to ensure that these visas are […]

The Department of State (DOS) recently updated the Foreign Affairs Manual (FAM). This update is intended to provide additional guidance to U.S. consular officers in terms of what role they should play regarding confirming the validity of a petition being used to apply for a visa. The update encourages officers to take a more active […]

A proposed rule could result in major changes in the H-1B visa category. This rule would change the H-1B visa lottery process and could also alter the educational composition of visa holders. Currently, USCIS offers 65,000 standard H-1B visas for skilled workers. Additionally, USCIS offers another 20,000 visas for workers with a U.S. master’s degree […]

F-1 students who have an H-1B petition that remains pending after October 1, 2018, risk accruing unlawful presence if they continue to work on or after October 1, 2018 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through September 30, 2018. Due to increased demand for immigration benefits, resulting […]

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be expanding and extending the temporary suspension of H-1B premium processing. According to USCIS, these suspensions will continue until February 19, 2019. This is an effort to clear the backlog of H-1B visas in the application system. All Request for Premium Processing Service forms […]

USCIS recently released a Policy Memorandum (PM-602-0159) designating Matter of S- Inc. as an adopted decision. In other words, the decision announced by the Administrative Appeals Office (AAO) in Matter of S- Inc. is now USCIS policy. So, what happened in that case?  In Matter of S- Inc., the Petitioner, a software development company, was […]