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...
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....
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...
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,...
On May 5, 2022, USCIS announced changes to simplify and improve how the agency communicates case processing time data to the public. Users can now immediately find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. Additional changes include: Adding drop-down options for form categories will help narrow results to only...
Update 10/20/2022 On 10/20/2022, USCIS extended this flexibility. If you're a healthcare/childcare worker and have a pending I-765 that has been pending for over 90 days, you may request expedited processing. See below for definitions of a healthcare/childcare worker. Original Post 12/28/2021 On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing...
Update 12/21/2021 Official statement from USCIS regarding its decision to withdraw the H-1B selection final rule which would have changed the way H-1B registrations are selected by prioritizing those with high wages. Update 12/10/2021 The Biden Administration will no longer defend this Trump-era rule that prioritizes H-1B lottery selection to those with high salaries. See the article "H-1B Visa...
USCIS has now officially stated that H-1B cap-subject petition may have a start date of October 1 or later (and six months or less from the receipt date of the petition). Previously, USCIS required that the start date be only October 1. H-1B FAQ In FY 2021, USCIS rejected H-1B filings for stating a start date that is after October 1. Lawsuits were filed and USCIS lost. Those rejected were given...
H-1B employers sometimes would ask why they are filing the H-1B under the regular cap when the beneficiary who won the H-1B loettery holds a U.S. master's degree. The simple answer: the selection notice says so. Note that during H-1B registration, the registration is simply requesting consideration for Master's Cap registration when a beneficiary holds a qualified U.S. master's degree. Whether...
We are currently in the filing phase of this year's cap-subject H-1B season. As we send out completed forms for review and signature, we often receive questions about how the beneficiary was selected in the registration lottery. During H-1B registration, a beneficiary may qualify for the Master's cap exemption as long as they have or will have attained a US master's degree at the time of H-1B...
