Adhikari Law, Washington, DC, Jan 7, 2020. U.S. District Court for the Middle District of North Carolina held that U.S. Citizenship and Immigration Services (USCIS) had violated rulemaking procedure under Administrative Procedure Act (APA) when it issued a policy memorandum on August 7, 2018 which substantially changed existing immigration regulations. USCIS new policy would have penalized[Read More]
Legal Alerts
USCIS’ Online registration system for H-1B cap cases
For 2020 H-1B cap cases (FY 2021), USCIS requires an online registration between March 1st through March 20th, 2020. The government has published Final Rule for the H-1B registration requirement. Here are the important applicable procedures: (1) Electronic registration requirement: The regulations requires H-1B Petitioners to register online at www.uscis.gov before filing a cap-subject H-1B[Read More]
USCIS Announces Implementation of H-1B Electronic Registration Process for the Cap Season in 2020 (Fiscal Year 2021)
Dec 6, 2019, Washington, D.C. USCIS announced today that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Earlier we had posted a news article about the USCIS proposal to implement H-1B registration process. Employers seeking to file H-1B cap-subject petitions for the fiscal year[Read More]
H-1B Employees are subjected to Federal Insurance Contributions Act (FICA) tax withholding
Employees in F-1, J-1, M-1, Q-1 or Q-2 non-immigrant status are exempt from FICA therefore no withholding has to be made. However once these nonimmigrant change their visa status to H-1B, generally beginning from Oct 1st, then they are no longer exempt from FICA. So the employer should review payroll procedures and update tax withholding[Read More]
FAQ about Automatic re-validation of an expired non-immigrant visa based on valid status: What is re-validation of a nonimmigrant visa?
What is re-validation of a nonimmigrant visa? Generally, the nonimmigrant visa is valid until the duration given on the visa itself. The validity of an expired nonimmigrant visa issued under Immigration and Nationality Act (“INA” or “Act”) may be considered to be automatically extended to the date of application for readmission in cases where the[Read More]
Fairness for High-Skilled Immigrants Act of 2019 Passes House of Representatives
Washington, D.C. U.S. House of Representatives (House) has passed the H.R. 1044 – Fairness for High-Skilled Immigrants Act of 2019 today. The bill will now goes to U.S. Senate (Senate). Passed/agreed to in House on motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 365[Read More]
U.S. begins implementation of E-2 Investor Visas for Israeli Nationals
Washington, D.C. Adhikari Law PLLC. The U.S. has started the implementation of the U.S. E-2 Investor Visa for Israeli nationals, beginning May 1. E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital.[Read More]
USCIS projects it will reach H-1B visa regular cap for 2020
USCIS has said it received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. The[Read More]
USCIS announces the start of the 2020 H-1B cap season, premium processing dates, and the launch of its new H-1B data hub
U.S. Citizenship and Immigration Services (USCIS) announced today the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. Start of FY 2020 Cap Season USCIS will[Read More]
Department of Homeland Security posts final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption.
Today, the Department of Homeland Security (DHS) posted the Final Rule. The final rule will amend the regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap[Read More]