By Adam J. Kneeland With USCIS's recent confirmation of this year's registration schedule, we have officially entered the FY 2025 H-1B cap season. This year brings some significant changes that will affect how USCIS selects candidates. New Changes to Registration Starting this year, USCIS w...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).
Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
Everything you need to know about the domestic H-1B visa renewal pilot program
We've finally learned the exact details of the 2024 domestic H-1B visa renewal pilot program expected to start in 2024. In details published in the Federal Register, we have learned the following information: How many applications will be accepted? 20,000 total, with 4,000 application slots ...
Proposed Changes to H-1B Program
by Adam J. Kneeland On October 20th, the Department of Homeland Security announced a list of proposed changes to current H-1B rules intended to improve the efficiency and integrity of the H-1B program. The most relevant/significant changes include the following: H-1B petition changes Revisin...
UPDATE: Stateside H-1B Visa Renewal Expected to Begin in Early 2024
On October 18, 2023 Department of State sent a Federal Register notice titled “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens” for an initial regulatory review. More details will be released once the final version of the notice is...
What is a specialty occupation?
co-authored by Adam J. Kneeland The H-1B, H-1B1, and E-3 visa classifications require the foreign national to be entering the US for employment in a specialty occupation. 8 CFR 214.2 (h)(4)(ii) defines specialty occupation as: an occupation which requires theoretical and practical applicati...
ALERT – USCIS completes second random selection of H-1B registrations
On July 27, 2023 USCIS announced that it would be conducting a second random selection of H-1B registrations. The second selection comes after it was determined that additional selections would be needed to meet the annual H-1B cap. All selections were made from the March 2023 registration period...
ALERT - H-1B Initial Electronic Registration Selection Process Completed
On March 27, 2023 USCIS announced that it has received enough electronic registrations during the initial registration period to reach the FY2024 H-1B cap and master's cap. A random selection was made and all successful registrants have now been notified of selection. Those who entered registra...
Stateside visa stamping announced for this year
Bloomberg is now reporting that by the end of this year the State Department will implement a program allowing visa renewal within the U.S. for non-immigrants seeking H or L visa stamping, including first time applicants. Because a valid visa stamping is required to enter into the U.S., the move...
2023 H-1B Cap Registration
Written by Adam Kneeland The start of a new year means the start of a new H-1B cap lottery season and the time to begin preparations for this year's H-1B cap lottery registration. But what exactly is the H-1B cap lottery, when does it happen, and how can you register employees? The registrati...
ALERT – USCIS Reaches FY2023 H-1B Cap
On August 23, 2022 USCIS announced that it has reached the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (“master's cap”) for fiscal year (FY) 2023. All applicants not selected in the cap should see their online account updated to re...
The 2016 H-1B Cap Season is Here
The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of the designated specialty occupations. Written by: Noelle McLaughlin The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of ...
USCIS Publishes Proposed Rule to Implement AC21
On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final... On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final, it will, after more than 15 years, create the first se...
H-1B Amendments for Third Party Placement Situations: Travel Timing Issues
As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requirements for when an amended H-1B petition must be filed... As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requ...
New Filing Fees Imposed on Certain H and L Employers Effective Immediately
On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions... On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions, including a large fee hike on L-1 and H-1B petitions in case...
Permanent Portability Under AC21
The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides permanent portability for long delayed applicants for adjustment of status. The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides “permanent portability” for lo...
USCIS Resumes Premium Processing Service for H-1B Extensions Early
On May 19, 2015, USCIS announced that they would be suspending premium processing service for Form I-129 extension of stay H-1B petitions from May 26, 2015 to July 27, 2015 by Noelle McLaughlin On May 19, 2015, USCIS announced that they would be suspending premium processing service for Form I...
Regulatory Requirements for Education Experience Evaluations for H-1B Petitions
H-1B status is reserved for aliens working in a specialty occupation, which is defined in 8 CFR 214.2(h)(4)(ii) as an occupation which requires theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a bachelors degree or higher in a sp...
Transitioning from F-1 Status to H-1B
Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most commonly, they seek employment in H-1B status. Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most ...
What is the H-1B Cap?
Congress has imposed an annual limit on the number of new H-1B petitions that can be approved in each fiscal year. The cap is set at 65,000. Congress has imposed an annual limit on the number of new H-1B petitions that can be approved in each fiscal year. The cap is set at 65,000. There is an ad...
Filing Strategy During H-1B Premium Processing Suspension
On May 19, 2015, USCIS announced that it will be suspending Premium Processing on all H-1B petitions requesting extension of stay for a temporary period between May 26 and July 27, 2015. On May 19, 2015, USCIS announced that it will be suspending Premium Processing on all H-1B petitions requesti...
USCIS Releases Guidance to AILA on WHEN to file H-1B Amended Petitions
On April 9, 2015, the Administrative Appeals Office (AAO) released a new precedent decision holding that whenever a change takes place which requires a new Labor Condition Application (LCA) and H-1B amended petition must also be filed. by Noelle McLaughlin On April 9, 2015, the Administrative A...
USCIS Suspends Premium Processing for H-1B Extensions
On May 19, 2015, USCIS announced that from May 26 until July 27, 2015, they will temporarily suspend premium processing for all H-1B extension of stay petitions. On May 19, 2015, USCIS announced that from May 26 until July 27, 2015, they will temporarily suspend premium processing for all H-1B e...
H-1B CAP lottery for FY2016 complete!
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap, meaning that there are act...
Amended H-1B Petition Now Required Whenever a New LCA Is Filed
USCIS regulations require that whenever there is a material change in an H-1B beneficiarys position, the petitioner must file an amended petition to reflect the change. The term material is not defined, however, so the circumstances triggering the need for an amended petition are not clear. USCI...
H-1B Cap Filings Due First Week of April
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap. The Immigration and Natio...