Is the New Estimated Case Processing Time Better than Before?

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...

Healthcare workers may request expedited processing of their pending Form I-765s (EADs)

On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing of their pending I-765 EAD applications. To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9). You should be prepared to provide evidence of your profession or current employment as a healthcare...

Wage-Based Selection Process for H-1B Has Been Vacated

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 Changes its Mind: H-1B Cap Start Date Can Be October 1 or Later

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...

Follow the Selection Notice: a U.S. Master’s Degree Holder May Nevertheless be selected under the Regular H-1B Cap

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...

Follow the H-1B Selection Notice

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...

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

Update May 4, 2021 Since January of last year, we have seen an uptick in typos and errors on official notices. We've caught errors almost every month which suggests the trend will continue. Errors include name misspellings, wrong priority date, wrong DOB, missing A#, and wrong EB category (EB1 instead of EB2). We will create a new post to track these ongoing errors. It is important to look at...

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

Update Post May 1, 2021 In response to the lawsuit, USCIS has agreed to accept and adjudicate H-1B cap petitions that were previously rejected last year due to having a start date that is after October 1, 2020. Original Post March 16, 2021 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...

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...