Cap Gap Extension is Now Automaticaly Added to the Record of F-1 Students

Those who just won the H-1B lottery will receive some more good news. Cap gap Extension is a benefit that many F-1 students take advatange of as a beneficiary of a receipted H-1B petition. The benefit helps those whose F-1 status is expiring between April 1 and September 29, and extends their F-1 and, if eligible, OPT to September 30 so that there is no gap between the end of their F-1 and the...

H-1B Ban Set to Expire March 31, 2021

Update April 1, 2021 DOS has just provided an update on its website. Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance.  Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation...

H-1B Lottery Results 2021

Update3 March 30, 2021 We are all bit shocked by the lottery results. Our selection rate is just over 20% which is a record low. I don't believe we have ever touched 39% in all of the previous lottery years. So this made us pause a little and wonder what's really going on with the registration this year. We've checked with clients who did the registration on their own and it seems like so far...

USCIS is Responding Quickly to Service Request Inquiry

We have been posting about the on-going delays affecting numerous case types since October 2020. USCIS Receipt Delays and Its Impact on Employment VerificationCIS Ombudsman Provides Case Assistance on Receipt Delays, Biometrics Appointment, EAD delaysUpdate on the Receipt Notice DelaysUSCIS Receipt Notice Update: N-400USCIS Receipt Notice Update: Final Two I-485 Receipt Notices Received (4...

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...

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...

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,...

Avoid Common Errors During H-1B Registration

As we enter into the registration period (March 9, 2021 to March 25, 2021), it is important to note some of the common mistakes so that each beneficiary is properly registered. The company should be aware that there are three account types to choose from. Choose the correct one. Regardless of whether they have an attorney or not, they must have an account as a “H-1B registrant”. Please see...