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]
News and Alerts
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]
USCIS will accept H-1B petitions on April 1, 2019 for the Fiscal Year (FY) 2020
USCIS will accept H-1B petitions on April 1, 2019 for the Fiscal Year (FY) 2020 H-1B quota cases. If the petition is approved the H-1B beneficiary can start working on October 1, 2019 or earlier if he/she is eligible for H-1B cap-gap. It is very important to start the H-1B sponsorship process well in advance[Read More]
Partial government shutdown in effect
A partial government shutdown is currently in effect. Approximately 25 percent of government functions are shut down. Immigration-related agencies that are impacted by the shutdown include the Department of Homeland Security and its immigration-related components (CBP, ICE, USCIS, CIS Ombudsman), the Department of Justice (EOIR), and the Department of State. · DOL: Is NOT impacted by this government[Read More]
Public Comments to Proposed Rule on Registration Requirement for Petitioners Seeking to File H–1B Petitions on Behalf of Cap-Subject Aliens
Attorney at Adhikari Law PLLC provided public comments to the proposed rule by USCIS governing H-1B program. Besides public comments invited by the government agencies, our attorneys regularly engage with government agencies and officials to improve the legal system and the processes which impact our clients. Our firm represents U.S. businesses seeking to retain international[Read More]
Department of Homeland Security to propose a merit-based rule to benefit U.S. graduate students and a mandatory online pre-registration requirement for cap-subject H-1B programs
Washington, DC. Department of Homeland Security (DHS) is going to propose a merit-based rule to benefit graduates (master’s and PhDs) of U.S. institutions of higher education and a mandatory online pre-registration requirement for cap-subject H-1B programs. In November, USCIS Director had said they were proposing this new rule. On December 3rd, USCIS published a notice[Read More]
News flash: USCIS updates Policy Memorandum which provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition without first issuing a RFE or NOID
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails[Read More]
USCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities
Washington, DC. U.S. Citizenship and Immigration Services issued updated Guidance today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security. A Notice to Appear (NTA) is a document given to an alien (non-nationals) that instructs them to appear before an immigration judge on a[Read More]
DHS Proposes to Remove the International Entrepreneur Rule (IER) which availed a temporary work authorization and lawful stay for foreign-born entrepreneurs
WASHINGTON, DC – The Department of Homeland Security (DHS) is proposing a rule to end a program that allowed certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IER Final Rule). Earlier a court decision had vacated USCIS’ final rule[Read More]