USCIS Issues Proposed New H-1B Registration Rules

USCIS Issues Proposed New H-1B Registration Rules

U.S. Citizenship and Immigration Services (USCIS) has proposed a rule change that requires each H-1B petitioning employer to pay a $10 filing fee for every electronic registration submitted to the agency for each H-1B worker who is to be counted in the H-1B cap selection. H-1B petitioning employers whose foreign national beneficiary qualifies for the …

Read More

Changes to USCIS Processing of Removing Conditions on Residence

Changes to USCIS Processing of Removing Conditions on Residence

The U.S. Citizenship and Immigration Services (USCIS) has published a policy memo that provides revised interview guidelines to immigration officers adjudicating Petitions to Remove Conditions on Residence. As background, certain family or investment based immigrants who have a condition attached to their permanent resident status must file a petition with USCIS within a 90 days …

Read More

Can there be third party placements under STEM OPT?

Can there be third party placements under STEM OPT?

An April, 2018 update to the U.S. Citizenship and Immigration Services (USCIS) website has raised questions about third party placements of F-1 graduates under the STEM Optional Practical Training (OPT) program. The agency appears to place additional limits on STEM OPT employment by barring student workers from participating in placements at offsite locations. The USCIS …

Read More

USCIS Alters Policy on When Unlawful Presence Begins for Certain Nonimmigrants

USCIS Alters Policy on When Unlawful Presence Begins for Certain Nonimmigrants

On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) announced a policy change regarding when nonimmigrant exchange visitors and students will start to accrue unlawful presence. As background, a nonimmigrant who remains in the United States longer than the stated date on their Form I-94 by more than 180 days is barred from obtaining …

Read More

Despite obstacles, FY2019 H-1B demand remains high

The U.S. Citizenship and Immigration Services (USCIS) announced on April 6, 2018 that it has reached its 65,000 annual cap for H-1B visas for upcoming FY2019, just five days after the H-1B filing season began on April 2, 2018. USCIS received approximately 190,000 FY2019 H-1B petitions, down only 9,000 from FY2018. USCIS also received enough …

Read More

USCIS announces additional restrictions on certain H-1B petitions

USCIS announces additional restrictions on certain H-1B petitions

The U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum on February 22, 2018, that requires U.S. employers filing H-1B petitions for employees at third-party work sites to submit additional documents and evidence. The new restrictions mean H-1B petitioners will now have to show that the H-1B beneficiary has “specific and non-speculative qualifying …

Read More

H-1B employers sue USCIS alleging that lottery regulations are invalid

Two companies have sued the U.S. Citizenship and Immigration Services (USCIS) seeking to set aside the current H-1B visa lottery system. The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, …

Read More