H-1B Receipt Notice Delays at the Vermont Service Center

Update June 22, 2022 Based on recent H-1B receipt notices from Vermont, it does seem like they are making efforts to speed up intaking and the issuance of receipt notices. Took more than a month to receive receipts for cases filed in early May. Took 15 days for cases filed in late May. Original Post June 20, 2022 We have been experiencing delays in receiving H-1B receipt notices for cases filed...

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...

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...

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...

Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021

As we have previously reported, this final rule has been postponed in light of Biden's efforts to postpone "midnight regulations" that signed by President Trump during the waning days of his administration. See our earlier posts: Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject PetitionH-1B Lottery unlikely to be impacted by the New RuleH-1B Lottery for FY2022 will Remain...