The Department of Homeland Security (“DHS”) announced today that the final rule amending DHS regulations governing H-1B cap-subject petitions will be published in the Federal Register on January 31, 2019, and will become effective on April 1, 2019.

The new rule implements the electronic registration requirement, but suspends it for the FY2020 H-1B cap season.

The United States Citizenship and Immigration Services (“USCIS”) has announced that the suspension of premium processing for FY2019 H‑1B cap cases, announced on March 21, 2018, has been extended until possibly February 2019.

USCIS also announced that effective September 11, 2018, premium processing will be suspended for H‑1B cases filed at the Vermont and California

In a policy memorandum dated May 10, 2018, the United States Citizenship and Immigration and Services (“USCIS”) provided new guidance to its officers and adjudicators on calculating unlawful presence for nonimmigrants in F, M, and J status. This policy memorandum, which becomes effective on August 9, 2018, represents a dramatic shift in long-standing USCIS policy.

The United States Citizenship and Immigration Services (“USCIS”) has reported receiving 190,098 cap subject H-1B petitions during the first five business days of April 2018, more than twice the number mandated by Congress’ cap of 65,000 under the regular H-1B cap and 20,000 under the advanced degree cap for each fiscal year.

On April 11,

On November 20, 2017, the United States Citizenship and Immigration Services (“USCIS”) issued a policy memorandum restricting TN nonimmigrant classification under the profession of Economist, to those who will primarily engage in activities consistent with the profession of Economist and specifically excluding those employed as Financial Analysts, Market Research Analysts, and Marketing Specialists. USCIS explains that the policy memorandum was necessary, because the lack of an in-depth description of the Economist profession in the North American Free Trade Agreement, which created the TN nonimmigrant classification, has led to inconsistent adjudications regarding which positions are encompassed under the Economist profession.

In its memorandum, USCIS explains that Economists generally specialize in either the analysis of individuals or firms to better understand the relationship between supply and demand or in the analysis of aggregated indicators to determine how different sectors of the economy are related to each other.  USCIS adds that Economists may apply economic analysis to issues in a variety of fields including labor, international trade, development, econometrics, education, health, and industrial organization.


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This week, Tom Homan, acting Director of the Immigration and Customs Enforcement (ICE), announced that he has instructed Homeland Security Investigations (HSI), the investigative branch of ICE, to quadruple the number of worksite inspections.  Danielle Bennett, spokeswoman for the agency, confirmed this directive and added “ICE’s worksite enforcement strategy continues to address both employers who knowingly hire unauthorized workers and the workers themselves.”

What does this mean for U.S. employers? This means that employers should expect to see increased HSI visits during which HSI will conduct not only I-9 audits to ensure that employers are complying with established employment eligibility verification requirements, but also other investigations related to compliance with immigration and labor regulations.


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