The New Era of H-1B Visa Registration: A Beneficiary-Centric Approach

The H-1B visa program, crucial for employers seeking to hire foreign talent in specialty occupations, has long been criticized for its inefficiencies and susceptibility to manipulation. With the U.S. Citizenship and Immigration Services (USCIS) receiving over three-quarters of a million registrations for a mere 85,000 available visas in the last cycle, the need for reform was undeniable. In...

Summary of USCIS Announcements for FY 2025 H-1B Cap Season

H-1B Registration Final Rule: A new beneficiary-centric selection process for H-1B registrations. Flexibility in start dates for H-1B cap-subject petitions. Integrity measures for denying or revoking petitions with invalid registrations or payment issues. Fee Schedule Final Rule: The registration fee for March 2024 remains $10. New edition of Form I-129 to be available from April 1, 2024....

New Pilot Program for Domestic Renewal of H-1B Visas

The U.S. Department of State has launched a pilot program for the domestic renewal of H-1B nonimmigrant visas for certain applicants. This program is aimed at qualified H-1B visa holders and will run from January 29, 2024, to April 1, 2024, or until all application slots are filled. DOS guidance and Faq can be found here. There is also an online tool that helps applicants figure out whether they...

USCIS Announces Second Round of H-1B Cap Registrations for FY 2024

The United States Citizenship and Immigration Services (USCIS) has recently announced that they will conduct a second random selection of H-1B cap registrations for the fiscal year (FY) 2024. This comes after an initial random selection was carried out in March 2023, from which only the selected petitioners were eligible to file H-1B cap-subject petitions. The decision to proceed with a second...

Delays at Vermont Service Center in Processing Filing Fees and Issuing Receipt Notices

Update March 29, 2023 Since the delay began in late January, Vermont is still experiencing delays in processing payment issue receipt notices. Original Post March 7, 2023 We started noticing delays in getting back receipt notices around the end of January. On March 3, 2023, USCIS confirmed they are experiencing delays due to filing volumes and intake delays. The delay is still ongoing as of the...

Unlawful Presence for H-1B Beneficiaries in F-1 Status

If you are an H-1B beneficiary and have recently received a denial or denial of a change of status, know that unlawful presence (ULP) for F-1 students will begin to accrue on the day after the request is denied (date of H-1B decision). (ii) Nonimmigrants Admitted for Duration of Status (D/S). If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit,...

USCIS No Longer Recognizes ACICS-Accredited Schools Impacting Some STEM OPT, H-1B and I-140

On August 19, 2022, the US Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. On November 1, 2022, USCIS announced how the loss of recognition will impact certain immigration benefit applicants. Students from impacted schools should contact their DSO immediately and discuss how to maintain their status....

New Policy Guidance on 3/10 Year Unlawful Presence Bars – May Serve the 3/10 Year Bar Inside the U.S.

On June 24, 2022, USCIS issued new policy guidance regarding the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal. In general, a noncitizen is inadmissible under INA 212(a)(9)(B) if the noncitizen accrues more than 180 days of unlawful presence, departs or is removed (whichever applies), and again seeks admission within 3-years (if...