H-1B

FY2023 H-1B Cap Reached Without Subsequent Lottery Rounds and Selections

USCIS announced that as of August 23, 2022 they have reached the H-1B cap limit for fiscal year 2023 (FY 2023).  This means that they will not be conducting additional lottery rounds of selection like they have been doing in past years; this also means that all H-1B cap registrants who were not selected under [...]

By |2022-08-23T15:29:55-04:00August 23rd, 2022|Articles, H-1B, News, News Alert|

USCIS Restrictions on Multiple H-1B Cap Petitions for Same Beneficiary by Related Employers

Update:  March 2024.   Starting FY2025 H-1B cap season, USCIS will switch to beneficiary-centric selection process which will count each beneficiary only once for registration selection purposes.  See more details about the new rule. Update:  March 2022.   Starting FY2023 H-1B cap season, USCIS requires H-1B registrant employers to make an additional attestation which reads, I further [...]

By |2024-02-01T10:17:51-05:00March 3rd, 2022|Articles, H-1B, News, News Alert, Policy, USCIS|

Third H-1B Cap Lottery Completed; Newly Selected Petitions Must Be Filed by February 23rd

USCIS has just completed the third round of the H-1B cap selection lottery and notified the selected applicants. The November 2021 selection round was due to the fact that a (still significant) number of H-1B cap [...]

By |2021-11-22T08:18:27-05:00November 22nd, 2021|Articles, H-1B, News, News Alert|

USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses

In a legal settlement effective as of November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. Under [...]

By |2023-01-23T08:29:18-05:00November 11th, 2021|Articles, H-1B, H-4 EAD, News, News Alert|

USCIS Allows Petitioners of Denied H-1Bs Under Now-Rescinded Memoranda to Seek Reopening (and Approval)

USCIS has recently announced that they will allow H-1B petitioners of certain denied H-1B petitions to petition USCIS to reopen (and hopefully, approve) the denial decision in light of certain now-rescinded policy memoranda (third-party worksite placements’ [...]

By |2021-03-28T11:44:41-04:00March 28th, 2021|Articles, Employers, H-1B, News, News Alert|

H-1B Cap Season Timelines

As we are in the back end of this year's H-1B work visa “cap” registration season (registration ends at noon ET on March 25th), we wanted to provide a reminder for the remaining steps and timelines for this year's H-1B cap season. As a reminder, the H-1B cap season this year has (1) registration period, [...]

By |2021-03-18T12:42:36-04:00March 18th, 2021|Articles, H-1B, News, News Alert|

H-1B Cap Lottery: Are Chances Going to be Higher Next Year?

As we are just about to enter into this year's H-1B cap lottery registration, we hear a common and interesting question from candidates and employers who are trying to evaluate the chances of selection under the lottery, "Would the chances of H-1B cap lottery selection be higher next year?" The answer is that different groups [...]

By |2021-03-04T11:55:40-05:00March 4th, 2021|Articles, H-1B, News, News Alert|

USCIS: H-1B Cap Selection Continues to be Random Lottery (and Not Salary-Based)

As we are heading into the H-1B cap season this year, USCIS has just announced that a January 7, 2021 H-1B Selection final rule which sought to introduce salary-based selection will be delayed until at least December 31, [...]

By |2021-02-05T08:12:22-05:00February 5th, 2021|Articles, H-1B, News, News Alert|

Biden Administration Blocks Implementation of Revised H-1B Specialty Occupation, DOL Wage Level Increase and H-1B Cap Wage Priority Rules

Among the many first-day actions taken by the new Biden administration was to immediately put a block (or delay) to some of the last-minute employment-based immigration rules which were sought to be rushed by the prior administration. In a January 20, 2021 memo, White House Chief of Staff Ron Klain directed in part, that (a) [...]

By |2021-01-21T08:48:11-05:00January 21st, 2021|Articles, Employers, H-1B, News, News Alert|

US District Court Blocks DOL Wage Levels and DHS H-1B Amendment Rules

In a December 1, 2020 opinion (PDF copy), a U.S. Judge in Northern California has blocked the implementation of both the DOL and DHS/USCIS Interim Final Rules (IFR) which were introduced in October seeking to substantially increase the [...]

By |2020-12-03T12:14:56-05:00December 2nd, 2020|Articles, H-1B, News, News Alert|

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