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

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.
Continue Reading “Hire American, Buy American” Executive Order Not Likely to Change H-1B Landscape Significantly

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

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.
Continue Reading USCIS’s Nebraska Service Center Announces Delays In Adjudication of H-4 and H-4 EAD Applications Concurrently Filed with Premium 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.
Continue Reading USCIS To Temporarily Suspend Premium Processing for All H-1B Petitions

The provision automatically extending some Employment Authorization Documents (“EADs”) of the much-anticipated “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimigrant Workers” regulation goes into effect today.
Continue Reading New EAD Automatic Extension Regulation Effective Today, But Who Does It Benefit?

On December 27, 2016, the Administrative Appeals Office of U.S. Citizenship & Immigration Services (USCIS) issued a far-reaching decision, Matter of Dhanasar, that sets a new legal framework for approval of National Interest Waiver (NIW) petitions and is likely to greatly increase the value of this green card category.
Continue Reading USCIS Issues Precedent Decision Revising Legal Standard for National Interest Waiver Petitions

On October 24, 2016, the Department of Homeland Security (“DHS”) published a rule in the Federal Register establishing a new filing fee structure for applications and petitions processed by the United States Citizenship and Immigration Services, an agency almost entirely funded by petition and application filing fees.
Continue Reading New USCIS filing fees to take effect on December 23, 2016