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]
News & Alerts
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]
E-Verify new interface in late March: All E-Verify Cases With A Final Case Result Should Be Closed
Washington, D.C. On March 14, 2018 U.S. Citizenship and Immigration Services (USCIS) announced that E-Verify will transfer all case data to a new interface later this month. To assist in the transition USCIS required all open cases must reach a final case result and be closed. Open cases that have not been accessed for more than 365 days[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]
E-Verify Requirement for NEW Federal Contractors and subcontractors
Federal contractors and subcontractors with the E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify. Beginning Jan. 5, 2018, new federal contractors and subcontractors with a FAR requirement must provide their Data Universal Numbering System (DUNS) during the E-Verify enrollment process. Existing E-Verify employers designated as federal contractors with a FAR requirement[Read More]
Impacts of Government Shutdown on mobility and visa matters
Washington, DC. Due to a failure to pass a relevant funding bill (government budget), a shutdown of the United States federal government began at 12 am EST on Saturday, January 20, 2018. Federal government’s operations will vary by agency, and “non-essential operations” of impacted agencies will be closed because of the shutdown. Following are impacts[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]
Texas Service Center to Begin Processing Form I-129 for L Visas and Vermont Service Center will no longer process L visa petitions
February 12, 2018, Washington, D.C. The Texas Service Center (TSC) of USCIS will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to balance workloads and to provide flexibility as USCIS works towards[Read More]
Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
An employment-based applicant for adjustment of status must file I-485 Supplement J who is filing or has previously filed Form I-485 as the principal beneficiary of a valid I-140 in an employment-based immigrant visa category that requires a job offer, and you now seek, in connection with your Form I-485, to: Confirm that the job[Read More]