Blogs
AILA states that it “has heard reports that USCIS may be selecting more H-1B registrations for the FY2021 cap as early as this week, and that a new H-1B filing period may be opening August 17 through mid-November, 2020.” This is potentially great news for U.S. employers, nonimmigrant students and nonimmigrants looking to change status to H-1B. Our law office…Read More
The USCIS Memos of August 9, 2018 (PM-602-1060.1) and May 10, 2018 (PM-602-1060) both titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” was enjoined nationwide on February 6, 2020 (See Guilford College v. Wolf, 2/6/20). On August 3, 2020, USCIS withdrew its appeal of the Court’s injunction in effect making the preliminary injunction permanent. This means that the application of duration of status (D/S) rules…Read More
The current USCIS Policy Manual defines “Inspection” as “the formal process of determining whether an alien may lawfully enter the United States. Immigration laws as early as 1875 specified that inspection must occur prior to an alien’s landing in or entering the United States and that prohibited aliens were to be returned to the country from which they came at no cost or penalty to the conveyor or vessel.[1] Inspections for…Read More
The ruling applies to anyone in Maryland with a final deportation order who started the process of obtaining legal status based on having an American spouse and is ineligible for a provisional unlawful presence waiver, according to the American Civil Liberties Union.Read More
USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018.Read More
From USCIS.gov on 3/11/19. USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you have received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain…Read More
Recently, WHD has seen a rise in the use of electronic notifications as workplaces increasingly provide their employees with documents by electronic means. This Field Assistance Bulletin (FAB) reiterates an H-1B petitioner’s obligations when using electronic means to make the requisite notice to all affected employees. This includes those who are employed by a third-party employer. The H-1B petitioner must notify all…Read More
Note to all clients: H-1B Season. All H-1B CAP petitions must prepared to be sent to USCIS on March 30th to be received by USCIS on the first business day of April (USCIS considers the first 5 business days of April to be the first business day). This is the time of year that approximately 175,000 H1-Bs are filed with…Read More
Premium processing will be offered in a two-phased approach during the FY 2020 cap season so USCIS can best manage the premium processing requests without fully suspending it as in previous years. The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase will include all other FY 2020 cap-subject petitions. Read the USCIS news release here.Read More
The H-1B Employer Data Hub includes data from fiscal year 2009 through the first quarter of fiscal year 2019 on employers who have submitted petitions to employ H-1B nonimmigrant workers. Data can be queried by fiscal year, employer name, city, state, zip code, and NAICS code. The H-1B Employer Data Hub has data on the first decisions USCIS makes on petitions for initial and…Read More
