Additional Time Added for Responding to USCIS notices

Update 1/24/2023 A new round of extension. The cutoff date is now March 23, 2023. Just like the last announcement, USCIS anticipates that this will be the final extension of these accommodations. The following requests/notices received between March 1, 2020 and March 23, 2023, will get additional 60 days to respond. Requests for Evidence; Continuations to Request Evidence (N-14); Notices of...

Time to Prepare for H-1B Lottery Registration

As we get closer to the H-1B lottery selection date (at the end of March 2021), we urge employers to prepare early for H-1B registration and re-calibrate expectations moving forward especially in light of new rules designed to hinder the H-1B visa program. 2 New Rules: There are two Final Rules published during the waning days of the Trump Administration that would place a hefty burden on...

Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject Petition

According to USCIS, a final rule has been announced on January 7, 2021 that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. This effort will only affect H-1B registrations (or...

H-1B Lottery unlikely to be impacted by the New Rule

There are two published Final Rules released during the waning days of the Trump administration that would only allow high salary H-1B workers to be employed in the U.S. Below is a summary breakdown of the new rules and effective dates: 1. Final Rule on increasing H-1B wages (issued on January 14, 2021). Effective date: March 15, 2021. This is basically an amended version of similar rule that...

New Wage Rule Vacated

Update July 5, 2021 Due to a recent court decision in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, the final rule on the computation of prevailing wage levels has been vacated and remanded back to the U.S. Department of Labor. The final rule was widely seen as an attempt to increase prevailing wages which would impact H-1B and PERM cases. DOL posted an update (copy below) on June...