The USCIS announced today that the FY2019 H-1B cap has been met. The USCIS will hold a lottery for the H-1B visas as early as next week. Those selected will receive receipt notices in the mail; those rejected will have their filings returned, along with the filing fee checks. We expect that the receipt notices
Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business Immigration
If 2017 is any indication, the new year will bring a fresh cascade of changes – both announced and unannounced, anticipated and unanticipated – in the business immigration landscape. Few, if any, of these changes are expected to be good news for U.S. businesses and the foreign workers they employ.
In 2017, while much of the news media focused on the Trump Administration’s draconian changes to practices and policies that affected the undocumented – including ending the DACA Dreamer program, shutting down Temporary Protected Status for citizens of countries ravished by war and natural disaster, and aggressively enforcing at the southern border and in “sensitive” locations such as churches, courthouses, and homeless shelters – relatively less attention has been paid to the steady, incremental erosion of rights and options for legal immigrants, particularly those who are sponsored for work by U.S. employers, under the Administration’s April 2017 “Buy American / Hire American” executive order. There is no doubt that such restrictions to the legal immigration system will continue to cause business uncertainty and disruption in 2018. Here’s what to expect:…
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Thousands of “Late” DACA Renewal Applications to be Accepted by USCIS
Following reports that DHS rejected 4,000 timely-filed DACA renewal applications for being late due to USPS delays, DHS Secretary Elaine Dukes directed the USCIS to accept the applications, provided that the resubmissions include “individualized proof” that the applications were originally mailed in a timely matter and that the delivery delay was because of USPS error. …
USCIS Expects to Reinstate Premium Processing for All H-1B petitions on or Before October 3, 2017
Although no official statement has been issued, the United States Citizenship and Immigration Services (“USCIS”) announced during a call with the American Immigration Lawyers Association’s Service Center Operations Liaison Committee that it expects to resume premium processing for all H-1B cases on or before October 3, 2017. We will update this post as soon as…
Recent H-1B Visa Developments
March 2017 brought us a surprising suspension of the Premium Processing option for all H-1B petitions received by the USCIS on or after Monday, April 3, 2017, which led to an overwhelming number of H-1B extension filings in a short period of time. The USCIS was unable to process most of the cases within the…
“Hire American, Buy American” Executive Order Not Likely to Change H-1B Landscape Significantly
The Trump Administration’s April Executive Order, “Buy American, Hire American,” puts the H-1B visa program under increased scrutiny, but is not likely to have significant, if any, impact on the program for the foreseeable future.
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The Future of the H-1B Visa Program Under The Trump Administration
There has been a flurry of activity and uncertainty related to immigration issues since President Trump took office. Hunton & Williams partners Adam Rosser and Emily Burkhardt Vicente discuss the concerns faced by the business community and the future of the H-1B visa program in the US.
FY2018 H-1B Cap Reached
Not surprisingly, the USCIS announced today that the FY2018 H-1B cap has been met. The USCIS will hold a lottery for the H-1B visas as early as next week. Those selected will receive receipt notices in the mail; those rejected will have their filings returned, along with the filing fee checks. We expect that the…
USCIS’s Nebraska Service Center Announces Delays In Adjudication of H-4 and H-4 EAD Applications Concurrently Filed with Premium H-1B Petitions
Due to the upcoming temporary suspension of premium processing for all H-1B petitions on April 3, 2017, USCIS has experienced a dramatic increase in the number of premium processing cases it has received. The Nebraska Service Center, which processes all H-1B extension petitions for non-cap exempt employers containing no changes to the beneficiary’s terms of employment, has announced that it will focus its resources on processing H-1B petitions in accordance with premium processing requirements. …
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USCIS To Temporarily Suspend Premium Processing for All H-1B Petitions
On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that premium processing service will be suspended for all H-1B petitions received on or after April 3, 2017. This suspension may remain in place for up to 6 months.
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