Category Archives: H Visa News and Info

Premium Processing Resumes for Cap-Subject FY 2019 H-1B Petitions

On January 26, 2019, USCIS announced that Premium Processing will resume on January 28, 2019 for all cap-subject FY2019 H-1B petitions;  in other words, for any H-1B lottery application filed last April that is still pending with the agency. But shouldn’t all … Continue reading

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USCIS Proposes Changes to H-1B Lottery

11/30/2018 From USCIS: WASHINGTON—The Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. … Continue reading

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Final EB Job Flexibility Rule Published but doesn’t go Far Enough

On November 17, 2016  USCIS issued a long-awaited final rule to make the waiting periods for employment-based green cards easier to bear for highly-skilled immigrants and their families.  While the law does provide some relief and certainty for employers and employees … Continue reading

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7500 Comments Received for H-4 Work Authorization Regulation

The comment period for a USCIS regulation which would allow certain H-4 status holders to receive work authorization ended on July 11, 2014. 7,500 comments were received. These will be reviewed and considered by DHS to determine whether the proposal … Continue reading

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H-1B Lottery Complete: Applicants have 2/3 Chance of Success

USCIS announced today at 3:00 PM that it had received approximately 124,000 H-1B Visa applications from April 1 through April 5. Because this number exceeded the 20,000 Masters Cap + 65,000 regular Cap, USCIS initiated the lottery procedure. The fact … Continue reading

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Any News on the H-1B Cap?

No news yet.  Under the H-1B cap lottery system, USCIS will accept H-1B applications until April 5, 2013.  If after that initial count, it has received sufficient number of applications to reach the cap, there will be a lottery. If not, … Continue reading

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H-1B Cap Update: High Likelihood of Lottery on April 5

Update: As the first day of the FY2014 H-1B cap approaches, more information about the number of H-1B cap filings expected  at USCIS on April 1 is becoming available. Although there is no hard and fast reporting mechanisim, it is … Continue reading

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Immigration Trends to Watch in 2013 – Part 1

2012 was a dynamic year for immigration issues: I-9 and Immigration Related Discrimination Fines were at their highest level since the inception of the I-9 requirement in 1987; E-Verify was mandated by several more states; President Obama signed an Executive … Continue reading

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New York District Court Finds Employers Must Reimburse H-2B Visa Workers for Expenses

In Teoba v. True Green Landcare, No. 10-cv-6132 (W.D.N.Y., filed Feb. 15, 2011) the U.S. District Court for the Western District of New York held that the Fair Labor Standards Act (“FLSA”) requires H 2B visa employers to reimburse those … Continue reading

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Prior H-1B cap-exemption determinations for university-affiliated non-profit entities will be honored by USCIS until further notice.

Today USCIS announced that in light of recent complaints regarding changes in adjudication standards with regard to H-1B cap exemptions for  non-profit entities related to institutions of higher education, that it will respect prior cap-exempt designations while it revisits the … Continue reading

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