Some H-1B Petitions (Cap Subject) were Rejected Last Year Because the Petitions Included a Start Date After October 1

This is both shockingly absurd and sad. A lawsuit was filed (a copy of the complaint is attached below) recently by multiple petitioners whose H-1B petitions were rejected due to their requesting for a start date post October 1, 2020. Last year was the first year of the new bifurcated process of accepting cap subject H-1B petitions. The first phase is the lottery selection. And the second phase...

Hope – As Some Denied H-1B petitions May Get a Second Chance

As we have previously reported, Biden has immediately taken steps after swearing in to dismantle Trump’s restrictive H-1B measures. He has already revoked/rescinded prior policy memos that have led to record number of RFEs and denials. On March 12, 2021, USCIS announced that it may reopen and/or reconsider adverse decisions on Form I-129 made based on three rescinded policy memos. They key...

Breaking: Designation of Burma for TPS

On March 12, 2021, DHS published a Federal Register Notice announcing the designation of Burma for Temporary Protected Status (TPS) for 18 months. In laying down the basis for TPS, Secretary Mayorkas stated the following: “Due to the military coup and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in many...

Rescission of Presidential Proclamations 9645 and 9983

Update March 16, 2021 As part of Biden's Proclamation on "Ending Discriminatory Bans on Entry to the United States", the President has directed the State Department, within 45 days, to provide a report including a proposal for individuals whose immigrant visa applications were denied due to Proclamations 9645 or 9983 and seek to have their applications reconsidered.  The Department of State has...

New Public Charge Rule Implemented by Trump will be Dead

On March 9, 2021, DHS announced that it would no longer defend the 2019 Public Charge Rule (2019 Rule) implemented by the Trump Administration which led to the creation of the Form I-944. Lawsuits were filed challenging the 2019 Rule. It has been confusing at times when the Rule was put on hold, then back on, then only applicable to some jurisdictions. Given that the last court decision was to...

Breaking: Designation of Venezuela for TPS

Update: March 17, 2021 USICS issued the following clarifications in light of inconsistencies that were discovered on Form I-821 instructions and the Federal Register Notice Mailing Zip Code Correction The zip code listed in the Federal Register was incorrect. The correct USPS filing addresses are located in the “Where to File” dropdown box on the TPS-Venezuela page on USCIS.gov. Biometrics...

Steps to Take by the Employer when Attorney is Registering H-1B Candidates on its Behalf

This post relates to employer's obligations when it has retained an attorney to handle its H-1B registration. First, the employer must have access to its USCIS account. If employer has created an account last year, the same login credential should work. If not, employer should go through the reset password procedure. If employer has never created an account, employer should follow the...

DOL Announces Accommodations for Employers in Texas and Oklahoma

DOL’s OFLC has released a FAQ regarding the extent of its accommodations for employers in Texas and Oklahoma who were impacted by the recent weather disaster. Accommodations include, for example, deadline flexibility and guidance relating to unintended changes in worksite. Anyone in these states who has on-going cases relating to PERM, labor certification, prevailing wage request, H-2A, H-2B,...