September 3, 2019, Adhikari Law, Washington, DC. The Department of Homeland Security (DHS) today announced a notice of proposed rule making 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,[Read More]
H-1B Visa Programs
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions
Washington, D.C. USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks[Read More]
Cap Gap Extension for F-1 student for whom H-1B was timely filed with start date of Oct. 1
There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. This[Read More]
USCIS will accept quota-based H-1B petitions from April 2nd to 6th, 2018 and will temporarily suspend premium processing for Cap-subject petitions
Adhikari Law, Washington DC. Starting from April 2, 2018 through April 6th, 2018 USCIS will be accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. It will also temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This[Read More]
USCIS Policy Memo Provides Guidance on Contracts and Itinerary Requirements for H-1B Petitions
Washington, DC. USCIS has published a Policy Memo on Contracts and Itineraries Requirements for H-1B making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed[Read More]
PLAN EARLY TO MEET FY 2019 H-1B NUMERICAL CAP TO FILE PETITION IN APRIL 2018
ADHIKARI LAW, Washington, DC. U.S. employers and H-1B beneficiaries should be aware that USCIS will begin accepting H-1B petitions on April 2, 2018 and through April 6th, 2018 under Fiscal Year (FY) 2019 numerical cap. If the petition is approved the H-1B beneficiary can start working on October 1, 2018 or earlier if he/she is[Read More]
The Hill: Tech trade groups push Trump to allow H1B spouses work
The Hill: A coalition of major Washington, D.C., trade associations representing technology and other industries is urging the Department of Homeland Security (DHS) to preserve visas that allow spouses of H1B high-skilled workers to also be employed in the U.S. “Individuals looking to obtain H-4 authorization already legally reside in the United States and are[Read More]
SF Chronicle (citing unnamed source): Trump administration has plans to wipe out work permits for H-1B spouses
Citing unnamed source SF Chronicle reports that Trump administration has plans to wipe out work permits for H-1B spouses. The Trump administration plans to stop granting work permits to spouses of H-1B holders, overturning a 2015 rule and affecting thousands of foreigners currently in the United States, according to sources who have spoken to The Chronicle about[Read More]
Now the Premium Processing is Available for all types of H-1Bs
WASHINGTON, D.C. — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. H-1B visas provide skilled workers for a wide range ofspecialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s[Read More]
USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
USCIS Release Date: July 24, 2017, WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or[Read More]