On November 30th, 2018, The Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by...

Some visas, such as the H-1B, may require the employer pay for the attorney fees and filing fees, and some immigrant visas may require the employer to pay for all costs such as in the case of a PERM labor certification. There are a number of fees that foreign nationals may incur while...

USCIS has issued an important "Adopted Decision" on the eve of the H-1B filing deadline. Matter of S- Inc. addresses the prohibition on multiple H-1B filings by "related entities (such as a parent company, subsidiary, or affiliate)." 8 C.F.R. § 214.2(h)(2)(i)(G). For purposes of the regulatory bar, Matter of...

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master's degree or higher. This suspension is expected to last until Sept. 10, 2018....

USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.

The USCIS will reject and return filing fees for all unselected cap-subject petitions that are not prohibited.

USCIS...

How many times can I renew my H-1B visa?

H-1B visas are granted for a period of three years.  Often, H-1B visa holders may find that they wish to remain in the United States to continue working for their sponsored employer.  Visa holders have the option to renew their...

As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject...

The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an...

The first time Wage Level I RFEs were reported were in early June 2017 and targeted H-1B petitions filed in April 2017 under the annual H-1B cap. Initially, most of the RFEs were issued by the Vermont Service Center although it appears that California is also catching up and issuing their own version of...

It was recently announced that USCIS Service Center Operations indicated that it is on track to resume premium processing for all H-1B petitions on or before October 3rd, 2017.

On September 18th, 2017, USCIS issued a press release stating that it resumed premium processing for all H-1B visa petitions subject to the Fiscal Year...