H-1B Season is Nearing! April 1, 2019 marks the beginning of the new H-1B petition filing season with the U.S. Citizenship and Immigration Services (USCIS). The Department of Homeland Security (DHS) recently published a final rule amending H-1B regulations governing H-1B cap-subject petitions which will go into effect April 1, 2019. The rule reverses the order
DHS has announced its notice of proposed rulemaking pertaining to the H-1B visa program which would affect U.S. businesses submitting H-1B petitions under the annual cap. Chances are high that the new rule will be adopted prior to the start of the new H-1B cap season on April 1, 2019. Under the proposed rule, the government will
U.S. Citizenship and Immigration Services (USCIS) has started implementing their policy memorandum pertaining to the broader use of Notices to Appear (NTAs) in immigration court. USCIS may now issue NTAs to applicants who receive a denial on a petition that affects their U.S. immigration status. USCIS will send denial letters and provide details on how
A U.S. Citizenship and Immigration Services (USCIS) policy memorandum concerning accrual of unlawful presence for foreign students and exchange visitors (F, M, and J nonimmigrants) recently became effective. While, previously, most foreign students only started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another
Starting September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) will be expanding the temporary suspension of premium processing (currently only applicable to cap-subject H-1B petitions) to include certain additional H-1B petitions. The premium processing suspension for the affected H-1B petitions is expected to last until February 19, 2019. The only H-1B petitions for which
The later part of July brought two major immigration developments that affect U.S. businesses and foreign nationals. The United States Citizenship and Immigration Service (USCIS) has recently issued a memorandum pertaining to the government’s policy on the Requests for Evidence (RFEs) issuance for petitions and applications for various immigration benefits. While the practice of the
United States Citizenship and Immigration Services (USCIS) has completed the H-1B petitions selection for processing under the government-imposed cap, and, at this time, all petitioners that have not received receipt notices for their H-1B submissions should anticipate the petitions’ return with standard rejection letters from the USCIS. Importantly, foreign students using the “cap gap” provisions
United States Citizenship and Immigration Service (USCIS) has issued a policy memorandum changing certain rules governing F-1, J-1, and M status students attending U.S. colleges and universities and vocational training programs. As of August 8, 2018, students that fail to properly maintain their status in the U.S. will start accumulating unlawful presence in this country
2019 H-1B Cap-subject Petitions. On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated 65,000 H-1B visa cap for the government’s Fiscal Year (FY) 2019 and received in excess of 190,000 cap-subject petitions. USCIS also confirmed that it had reached the cap under the 20,000 H-1B petitions allocation for U.S. advanced
Third-Party Placement: In alignment with President Trump’s Buy American and Hire American Executive Order, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to establish agency policy related to H-1B petitions filed for workers who will be employed at third-party worksites. The memorandum clarifies that for H-1B petitions involving a third-party worksite, the employer