USCIS Announces New Fees: What Employers Need to Know

Written by Benjamin Lau The United States Citizenship and Immigration Services (USCIS) recently announced that it is implementing a new filing fee schedule that will take effect on October 2, 2020. USCIS is also revising numerous key employment-based immigration forms, such as new editions of the Form I-129 nonimmigrant worker petition for H-1B, L-1, O-1 and other nonimmigrant categories. The new forms are not currently … Continue reading USCIS Announces New Fees: What Employers Need to Know

H-1B Visas: Employers Be Aware of Potential Changes

U.S. Citizenship and Immigration Services envelope, white folder for naturalization certificate on table with American flag
Photo credit: iStock.com/ablokhin

By David S. Rugendorf

Changes are in the works related to the processing of H-1B visa petitions, and employers intending to file such petitions should be aware. On Monday, December 3, 2018, the U.S. Citizenship and Immigration Services (USCIS) announced a proposal to change the annual cap-subject H-1B visa petition filing system in two significant ways: (1) the establishment of an online H-1B registration system; and (2) a major change in the procedures related to the annual H-1B visa cap lottery.

By law, the number of new H-1B visa petitions for professional worker beneficiaries is capped at 65,000 annually, with an additional 20,000 set aside for individuals with advanced degrees from U.S. universities. Advanced degrees are considered to be master’s degrees or higher. Certain employers, such as hospitals, non-profit research institutions and universities are exempt from this annual cap. As a result of this limitation on H-1B filings, the USCIS receives well in excess of the allowable number of petitions at the beginning of each year’s filing season, April 1. Accordingly, a random lottery has taken place in early April of each year. Employers are notified over the next few months if their petitions are among the lucky 85,000 selected. The numbers are daunting – approximately 198,000 petitions where received in fiscal year 2017, and approximately 236,000 in fiscal year 2016. Continue reading “H-1B Visas: Employers Be Aware of Potential Changes”

USCIS Extends (and Expands) Premium Processing Ban

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By David S. Rugendorf

The USCIS announced today that it is extending its ban on premium processing on certain H-1B petitions. Premium Processing allows an employer to seek an adjudication of a visa petition within 15 days upon payment of an additional filing fee, currently $1,225 (increasing to $1,410 on October 1, 2018). Employers should review their current and upcoming H-1B visa needs to determine how the ban will impact their matters, so they can plan accordingly.

To be specific, USCIS estimated earlier this year it would reinstate Premium Processing for H-1B cap cases in September 2018 (in roughly two weeks from now). The suspension of Premium Processing for Fiscal Year 2019 H-1B Cap Petitions is now expected to be extended through at least February 19, 2019. USCIS expects this suspension will help reduce the processing time for H-1Bs by allowing it to process long-pending petitions. In addition, USCIS states that the temporary suspension will allow them to be more responsive to petitions with time-sensitive start dates, as well as to prioritize adjudication of H-1B extension of status cases that are nearing their 240-day work authorization limit dates. Continue reading “USCIS Extends (and Expands) Premium Processing Ban”

My H-1B Was Rejected In The Lottery! What Now?

Close-up detail of American VISA
Photo credit: iStock.com/AlxeyPnferov

By Benjamin Lau

You did everything right. You got into the best school, you got the necessary work experience, you found an employer willing to sponsor you for an H-1B visa, and you filed on April 1. However, despite all your work, your case was not selected as part of this year’s H-1B lottery. Through forces beyond your control, you are now back to square one, wondering whether you must now leave the United States.

But wait! There may still be an alternative visa option available to you within the alphabet soup of U.S. work visas. So, before throwing in the towel and packing your bags, you may want to consider the list of alternative U.S. work visa categories below. One of these alternative visas may offer you the best chance for future employment in the United States – and while the list is not conclusive, it represents the most likely options for you to secure U.S. work authorization. Continue reading “My H-1B Was Rejected In The Lottery! What Now?”

U.S. Immigration to Suspend Premium Processing for All H-1B Petitions

By Stephen Blaker and Howard Shapiro

U.S. Citizenship and Immigration Services (USCIS) announced that as of Monday, April 3, 2017, it will not accept Premium Processing requests for H-1B visa petitions for a temporary period expected to last up to six (6) months. This applies to all H-1B visa petitions, including extensions, amendments, cap-exempt and new employment petitions, such as those to be submitted in the FY18 Bachelor’s and Master’s Caps. USCIS has indicated that the suspension is required to eliminate the backlog on long-pending H-1B visa petitions. Starting on April 3, 2017, USCIS will reject any H-1B visa petition that is filed with a Form I-907 and one (1) combined check for the I-129 filing fees and the I-907 filing fee. Continue reading “U.S. Immigration to Suspend Premium Processing for All H-1B Petitions”