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...
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...
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...
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...
Q: When is the registration period? A: Registration starts at noon on March 9, 2021 and ends on noon eastern on March 25, 2021. Q: Do I need an attorney to register for me? A: No, company may register for its employees directly without the use of attorney. They should follow the instructions in the following link: Q: What documents do you need? A: If we are handling the registration process for...
UPDATE 02/24/2021: Prospective petitioners may use H-1B registrant accounts created last year, if applicable. Otherwise, they may begin creating new H-1B registrant accounts in MyUSCIS by selecting the “I am an H-1B registrant” account type, which will become available on March 2, 2021, at noon (ET) and remain available throughout the registration period. USCIS has confirmed that...
USCIS has confirmed that a new rule published during the waning days of the Trump Administration will be delayed. The rule was set to take effect on March 9, 2021 and would have changed the H-1B Lottery process to be wage-based than random selection. Biden's administration later issued memo to delay all "midnight regulations" for 60 days from the date of the memo and granted each agency...
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...
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...
