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 for those selected will begin to trickle in later this month through most of May; the rejected petitions will take longer to return. The USCIS has not yet released the number of petitions it received. Please check back for updates.
The US Citizenship & Immigration Services (USCIS) has just announced that it will temporarily suspend premium processing service for H-1B Cap petitions for Fiscal Year 2019. The suspension is expected to remain in effect until September 10, 2018. Once the suspension is lifted, pending H-1B Cap petitions can be upgraded to premium processing service, if desired. Other H-1B petition types, including petitions to amend or extend H-1B status, or to change employers, are not impacted at this time. The official announcement can be seen here. We will continue to monitor these developments and will post updates as new information becomes available.
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:
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.
United States Citizenship and Immigration Services (“USCIS”) has announced that premium processing has been reinstated for all H-1B cases. As of today, petitioners may file H-1B petitions requesting premium processing and may upgrade currently pending H-1B petitions to premium processing.
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 USCIS makes an official announcement.
The United States Citizenship and Immigration Services (“USCIS”) announced today the reinstatement of premium processing for H-1B petitions subject to the Fiscal Year 2018 cap. USCIS previously reinstated premium processing for H-1B petitions filed on behalf of Conrad 30 waivers recipients and those filed by certain H-1B cap-exempt petitioners.
USCIS expects to resume premium processing as workload permits, but previously announced a target date of October 3, 2017.
The USCIS announced on June 23, 2017, that it will reintroduce Premium Processing for H-1B petitions. USCIS suspended this program for all H-1B petitions on April 3, 2017. The reintroduction will be done incrementally, beginning today with H-1Bs filed under the Conrad 30 Waiver program for medical doctors working in underserved areas. As the USCIS evaluates its workload, it will notify stakeholders when other H-1B petitions can be filed under (or, if already pending, upgraded to) Premium Processing. Donald Neufeld, Associate Director, Service Center Operations, advised the attendees at the American Immigration Lawyers Association’s annual conference of Friday that 2-3 days of notice will be given for each new incremental restoration. We will update this blog as we learn more information about this process.
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 15-day period, leading to the return/refund the $1,225 filing fees. April 2017 brought us the H-1B cap petition lottery that, once again, demonstrated a high demand for H-1B visas by US companies. In addition, while these events were taking place, the President and members of his administration continued to spread negative messages about the H-1B program and its future. In light of these events, we report the following:
- H-1B petitions not selected in the lottery in April have started to arrive in the mail. While the USCIS should return the rejected petitions to the attorneys of record, some clients have reported receiving the rejected filings directly from the USCIS. Those filings should be forwarded to the attorneys so that the filing fee checks can be properly credited, and so that support documents can be maintained and reused next year.
- Attorneys are reporting an increase in requests for evidence (RFEs) for some H-1B positions relying on Level 1 prevailing wages, especially in the computer industry.
- Due to the large number of H-1B cap cases, extension petitions, and amended petitions, the USCIS has been moving H-1B filings to other USCIS Service Centers for adjudication assistance. This should help decrease processing times.
- Hot off the Presses: During the USCIS Ombudsman’s Teleconference on H-1B Petition Processing on 6/20/2017, representatives from that office indicated that Premium Processing would be reinstated “on an incremental basis”, but have not explained how this will work or when it will begin. They are being cautious given the rush of Premium Processing cases it received in March that exceeded processing capacity.
We will continue to provide updates on these and any other issues affecting the H-1B visa program, including any proposed legislation or policy changes.
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.