Proposal Overview On December 3rd, USCIS published a proposal to regulate a new registration system for H-1B, in which employers must pre-register for the cap selection system online and the order of the advance-degree and regular lotteries will be swapped. Public feedback on the proposal will be accepted for 30 days starting from the proposal being published. FY 2020 Cap Filings USCIS is aiming to have new system in place for FY 2020 cap season beginning in April 1, 2019. I

Earlier this month, DHS and DOL, both of which have released their fall 2018 regulatory agendas. Among other regulations, there are a few key notes regarding H1B changes. In the agenda, USCIS has sent a draft regulation to the OMB for review, looking to possibly change the petitioning process for H1B Cap filings. While the draft itself is confidential, it could likely be based off of USCIS’s 2011 proposal. The forecast changes are outlined as follows. 1. Pre-registration: US

In order to help reduce the overall processing time for H-1B petitions, the USCIS has recently decided to extend and expand its temporary premium processing suspension. This suspension mostly affects cap-subject H-1B petitions, as well as certain others. H-1B petitions filed at the Vermont and California service centers are affected. Please keep in mind that this excludes cap-exempt filings. For more information, please follow this link: https://www.uscis.gov/news/uscis-exten

The Immigration Act of 1990 created the H1B visa program, authorizing employers to hire foreign employees for up to 6 years. The job opportunities supported by the program are those that require highly specialized knowledge and a Bachelor’s degree or higher. In order to participate in the program, employers must submit applications to the U.S. Department of Labor attesting that no U.S. citizen worker would be displaced by the prospective foreign worker. The application must t

USCIS has issued some RFEs and denials for H-1B change of status petitions where the beneficiary has used more than 12 months of combined CPT and OPT at the same degree level. USCIS claims that “by accepting more than 12 months of CPT and OPT at the same educational level, particularly where CPT occurs after the foreign national has used same-level OPT from a degree program at a different institution, the foreign national has failed to maintain valid F-1 status.” This interpr

A proposal with new regulations that would potentially prevent H-1B visa extensions beyond 6 years is reportedly being considered by the Department of Homeland Security (DHS). The new regulations would potentially stop many foreign workers from keeping their H-1B visas while their green card applications are pending. Under current law, the American Competitiveness in the Twenty-First Century Act (AC21), DHS can grant an H-1B extension to an H-1B worker who has reached the 6 y