Uncategorized

/Uncategorized

FY 2020 H-1B Cap Receipt Notices are arriving

On April 1, 2019, USCIS opened the Fiscal Year (“FY”) 2020 H-1B Cap. The cap was open for the mandatory five business days, at which time on April 5th, 2019, USCIS confirmed that it had received 201,011 Petitions for the:

– 65,000 available regular H-1Bs
– 20,000 available U.S. advanced degree H-1Bs

On April 10, USCIS conducted […]

By | 2019-04-23T15:30:21+00:00 April 23rd, 2019|Categories: Uncategorized|Comments Off on FY 2020 H-1B Cap Receipt Notices are arriving

H-1B Cap Registration Rule at OMB

In November 2018, the Department of Homeland Security (“DHS”) released an advanced copy of the H-1B Cap pre-registration regulation. SPS Immigration discussed it here.

This proposed H-1B cap Registration regulation is now at the Office of Management and Budget (“OMB”) undergoing final regulatory review. If this regulation clears OMB, and contains the same contents […]

By | 2019-01-14T17:33:10+00:00 January 14th, 2019|Categories: H-1B, Uncategorized|Comments Off on H-1B Cap Registration Rule at OMB

Impact of Government Shutdown on Immigration

The U.S. Federal Government has now been shut down longer than any time in history. This post reviews the impact this shutdown has on U.S. immigration processes:

  • DOL: Is not impacted by this government shutdown because President Trump signed a minibus appropriations bill funding DOL through the end of September 30, 2019. This […]
By | 2019-01-14T17:42:54+00:00 January 11th, 2019|Categories: Uncategorized|Comments Off on Impact of Government Shutdown on Immigration

USCIS will start issuing Notices to Appear upon denial of employment-based petitions

In a policy memorandum dated June 28th, 2018, USCIS announced a dramatic change in practice on how it will proceed with denied employment based cases. USCIS announced that it will now issue a Notice to Appear (“NTA”) in employment-based immigration cases where there is evidence of fraud, criminal activity, or where an applicant is denied […]

By | 2018-07-31T14:10:13+00:00 June 29th, 2018|Categories: Administrative Action, Compliance, Immigration Reform, Uncategorized|Comments Off on USCIS will start issuing Notices to Appear upon denial of employment-based petitions

USCIS completed data entry for FY 2019 H-1B Cap Petitions

USCIS announced Tuesday, May 15, that it has completed data entry for all fiscal year 2019 H-1B cap-subject petitions. USCIS will now begin returning H-1B cap-subject petitions that were not selected to the Attorney of Record. USCIS did not state the timeline that Petitioners can expect to receive unselected petitions.

USCIS also announced that is […]

By | 2018-05-16T03:11:01+00:00 May 16th, 2018|Categories: H-1B, Uncategorized|Comments Off on USCIS completed data entry for FY 2019 H-1B Cap Petitions

USCIS resumes premium processing for H-1B Cap Petitions

Monday, September 18th, 2017, U.S. Citizenship and Immigration Services (“USCIS”) resumed premium processing  for all H-1B Petitions that were selected in the 2018 Cap. This means that H-1B cap petitions may now convert a pending petition to the expedited review process by paying an extra $1,225 for each petition. This recent development adds H-1B […]

By | 2017-09-19T02:46:03+00:00 September 19th, 2017|Categories: Uncategorized|Comments Off on USCIS resumes premium processing for H-1B Cap Petitions

President Trump Rescinds DACA

In a much expected announcement, Tuesday morning, September 5th, Attorney General (“AG”) Jeff Sessions announced that President Trump is rescinding the  Deferred Action for Childhood Arrivals program, or, DACA. AG Sessions announced that DACA recipients whose EAD expires before March 2, 2018 will be allowed to apply for a two-year renewal, if submitted by October […]

By | 2017-09-05T16:56:55+00:00 September 5th, 2017|Categories: Uncategorized|Comments Off on President Trump Rescinds DACA

DHS and DOS issue guidance on the Travel Ban

On Monday, we reported that the Supreme Court granted review of President Trump’s revised Travel Ban. The Supreme Court also allowed certain parts of the entry ban to go into effect, which will be implemented starting Thursday, June 29th, 2017 at 8pm EDT.

The Department of Homeland Security (“DHS”) and the U.S. Department of State (“DOS”) just released guidance, a background […]

By | 2017-06-29T23:25:13+00:00 June 29th, 2017|Categories: Uncategorized|Comments Off on DHS and DOS issue guidance on the Travel Ban

DOL withdraws Section H.14 FAQ

Friday afternoon, March 10th, the U.S. Department of Labor (“DOL”) temporarily withdrew a recently-published PERM FAQ on Section H.14 that mandates employers quantify any experience listed on the ETA Form 9089.  DOL is clarifying and will be republishing this PERM FAQ in the future.

The PERM process is a test of the U.S. Labor Market by […]

By | 2017-03-15T18:07:40+00:00 March 10th, 2017|Categories: Uncategorized|Comments Off on DOL withdraws Section H.14 FAQ

No current plan to expand the U.S. travel ban beyond seven countries

Rumors began yesterday regarding a list of additional countries that might be added to President Trump’s executive order “Protecting the Nation From Foreign Terrorists Entry into the United States” which, in part, bans nationals of seven countries from entering the U.S for 90 days. The U.S. Department of State today confirmed to the American Immigration […]

By | 2017-02-04T13:58:06+00:00 February 2nd, 2017|Categories: Uncategorized|Comments Off on No current plan to expand the U.S. travel ban beyond seven countries