U.S. Citizenship and Immigration Services announced today that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) are being transferred to the California Service Center (CSC) for data entry and adjudication. We are transferring these cases in response to the H-1B receipt issuance delays at …
Continue reading USCIS Transfers Certain H-1B Petitions to the California Service Center
H-1B Initial Electronic Registration Selection Process Completed U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We …
Continue reading USCIS Alert: FY 2023 H-1B Cap Season Updates
The H-1B visa program allows US companies to become employers for foreign employees that are taking on occupations that are specialized. These specialty occupations require the specialized knowledge of the candidate and are seen in positions such as economist, scientist or engineer. There is a very limited number of visas available for new H-1B workers …
Continue reading 2022 H-1B Registration Process Ends March 18 – What You Should Do to Register Now
From the USCIS U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations …
Continue reading FY 2023 H-1B Cap Initial Registration Period Opens on March 1
H-1B visas authorize highly educated non-citizen professionals to work for U.S. employers in specialty occupations. Current law limits the number of new H-1B visas issued each fiscal year. The H-1B quota for this fiscal year is 65,000 for those who hold at least a bachelor’s degree or its equivalent. In addition, 20,000 H-1B visas are …
Continue reading Preparing Now for the FY2022-2023 H-1B Cap Registration Lottery
During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law. The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010“Contracts …
Continue reading Second Chance for Denied H-1B Petitions During Trump Administration?
In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules. Many companies filed lawsuits to contest denials based on this policy …
Continue reading Computer Programmers may now qualify again for H-1B visas
If your H-1B employees have been temporarily relocated to work from home full-time during the COVID-19 pandemic, your company needs to ensure compliance with the H-1B labor condition application (LCA) rules. The LCA is an integral part of the H-1B visa requirements. It is location specific and determines the approved work location for an H-1B …
The Department of Homeland Security (DHS) today announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to USCIS. Because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees …
Continue reading USCIS Proposes New Electronic Registration Fee for H-1B Cap Subject Visa Petitions
As of March 12, 2019, all H-1B petitions will be eligible for premium processing. Acccording to the USCIS recent annoucement: USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When …
Continue reading Premium Processing is now available for all H-1B petitions
Ann Massey Badmus 