H-1B

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USCIS Reaches FY2019 H-1B Cap

Friday, April 6th, 2018, USCIS announced that it reached the FY 2019 H-1B cap during the mandatory first five business days that the program must remain open to accept filings. USCIS did not announce when it will run the lottery, and SPS Immigration will keep you appraised as USCIS continues to announce advances in […]

By | 2018-04-06T15:06:23+00:00 April 6th, 2018|Categories: H-1B|Comments Off on USCIS Reaches FY2019 H-1B Cap

USCIS suspends Premium Processing for FY2019 H-1B Cap

In direct contradiction to prior statements, Tuesday, March 20th, 2018, USCIS announced that it is suspending the premium processing service on all H-1B cap cases until September 10, 2018. USCIS confirmed that it will continue to honor its existing criteria to request an expedite on a case. USCIS also confirmed that non-cap cases may […]

By | 2018-03-23T11:33:10+00:00 March 20th, 2018|Categories: Administrative Action, H-1B|Comments Off on USCIS suspends Premium Processing for FY2019 H-1B Cap

DHS postpones releasing proposed H-4 EAD Rule until June 2018

On February 28th, 2018, the Department of Homeland Security (“DHS”) submitted a status report to the U.S. Court of Appeals for the District of Columbia Circuit, stating that it is now postponing the release of proposed H-4 regulations. In response to the litigation in Save Jobs USA v. DHS, DHS initially stated that it would release proposed […]

By | 2018-03-05T01:11:14+00:00 March 4th, 2018|Categories: H-1B, Immigration Reform|Comments Off on DHS postpones releasing proposed H-4 EAD Rule until June 2018

FY2019 H-1B Cap Updates

USCIS confirmed to the American Immigration Lawyers Association (“AILA”) that there would be no procedural changes in the the FY2019 H-1B Cap Process. This means that there will not be a H-1B Cap pre-registration process, as previously suggested. USCIS also indicated that, while it may suspend the option to premium process H-1B Cap cases again […]

By | 2018-01-25T20:06:55+00:00 January 25th, 2018|Categories: H-1B|Comments Off on FY2019 H-1B Cap Updates

Trump Administration “backs away” from removing post six-year H-1B Extensions

The media reported late January 8th that the Trump Administration, admidst strong pressure from the business and technology sectors, decided to back away from its proposal to remove the ability of Foreign Nationals to extend H-1B status past the six year limit. The U.S. Citizenship and Immigration Services (“USCIS”) confirmed that it is still conducting […]

By | 2018-01-09T11:32:27+00:00 January 9th, 2018|Categories: Administrative Action, H-1B, Immigration Reform|Comments Off on Trump Administration “backs away” from removing post six-year H-1B Extensions

Fact or Fiction: Is DHS eliminating H-1B Extensions past the six year limit?

On December 30th, 2017, the media began reporting that the U.S. Department of Homeland Security (“DHS”) was working on changing H-1B laws that permit certain H-1B employees to extend their H-1B status past the six year limit, pursuant to the American Competitiveness in the 21st Century Act (“AC21”). A change of this nature would predominantly […]

By | 2018-01-05T01:26:57+00:00 January 5th, 2018|Categories: H-1B, Immigration Reform|Comments Off on Fact or Fiction: Is DHS eliminating H-1B Extensions past the six year limit?

DHS announcement on H-4 EAD & H-1B requirements

On December 14, 2017, the Department of Homeland Security (“DHS”) announced through notice in the Federal Register its desire to make two critical regulatory changes impacting employment-based immigration. Specifically, DHS focused on the H-1B and H-4 EAD programs:

By | 2017-12-15T20:29:20+00:00 December 14th, 2017|Categories: H-1B, Immigration Reform|Comments Off on DHS announcement on H-4 EAD & H-1B requirements

USCIS reinstates Premium Processing for all H-1B Petitions

USCIS announced October 3, 2017 that it is resuming premium processing for all H-1B visa petitions. This means that employers may convert all pending H-1B petitions to the expedited review process by paying an extra $1,225 for each petition and filing the required form. Please contact SPS Immigration if you have questions on how this […]

By | 2017-10-03T16:03:26+00:00 October 3rd, 2017|Categories: H-1B|Comments Off on USCIS reinstates Premium Processing for all H-1B Petitions

U.S. State Department Integrates “Buy American and Hire American” into FAM

The U.S. Department of State (“DOS”) has made several revisions to the Foreign Affairs Manual (“FAM”) directly reflecting the “Buy American and Hire American” Executive Order (“EO”) 13788 that was signed by President Trump in April 2017. The FAM is the authoritative source containing policies and procedures to guide DOS consular officers to effectively carry out […]

By | 2017-08-24T19:15:05+00:00 August 24th, 2017|Categories: Administrative Action, Executive Order, F-1, H-1B, L-1, Travel|Comments Off on U.S. State Department Integrates “Buy American and Hire American” into FAM

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitioners

U.S. Citizenship and Immigration Services (USCIS) just announced that it will resume premium processing for certain cap-exempt H-1B petitions, effective immediately. USCIS confirmed that starting today, July 24th, 2017, it will resume premium processing for the following H-1B petitioners:

  • Institutions of higher education;
  • Nonprofits related to or affiliated with an institution of higher education;
  • Nonprofit research or governmental […]
By | 2017-07-24T15:46:00+00:00 July 24th, 2017|Categories: H-1B|Comments Off on USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitioners