On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreIn April this year, United States Citizenship and Immigration Services (“USCIS”) announced they had received sufficient electronic registrations for unique individuals for the fiscal year 2025 (“FY2025”) cap, including the advanced degree exemption (master’s cap). USCIS randomly selected properly submitted registrations and notified all employers.
Those with selected registrations were able to begin filing H-1B cap subject petitions for FY2025 as of April 1, 2024. The deadline for filing H-1B cap subject petitions online, based on a valid registration selection notice, was June 30, 2024, and paper-based H-1B cap subject petitions had to be received at a USCIS Lockbox Facility by July 1, 2024 (since June 30 was a Sunday).
Read moreHolding to true to its plans to expand its premium processing services to “increase efficiency and reduce burdens to the overall legal immigration system”, United States Citizenship and Immigration Services (“USCIS”) announced it is implementing premium processing service and online-filing procedures for certain F-1 student visa holders seeking Optional Practical Training (“OPT”) and F-1 students seeking science, technology, engineering, and mathematics (“STEM”) OPT extensions.
Read moreIn an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
Read moreOn April 12, 2021, US Citizenship & Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online as long as they are filing under one of these categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
Read moreIt is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.
Read moreNew year, new H-1B cap! Now that we have (mostly) recovered from the parties and festivities of the holiday season, it’s time to dive straight into H-1B cap season. In about a month’s time—on March 1, 2020—we will be able to electronically submit H-1B registrations for fiscal year (FY) 2021 for individuals who have never had H-1Bs, commonly referred to as “cap cases.” (Non-cap H-1B petitions, including extensions of existing H-1Bs and change-of-employer H-1B petitions, can be filed throughout the year.) This year is notable since it is the first time that US Citizenship & Immigration Services (USCIS) will be using the H-1B electronic registration system on USCIS.gov. Earlier this month, USCIS formally announced the implementation of the electronic H-1B registration process and timeframe.
Read moreCongress raised concerns about the rising delays and unjustified denials of various visa types at the U.S. Citizenship and Immigration Service (USCIS), during a House Judiciary Committee oversight hearing on July 16, 2019. Representative Zoe Lofgren (D-CA), chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, specifically highlighted inefficiencies regarding changes in processing, noting their impact on students experiencing significant delays for Optical Practical Training (OPT).
Read moreUS Citizenship & Immigration Services (USCIS) have announced the lottery results for this year’s H-1B cap (Fiscal Year 2020) with USCIS reporting that it received 201,011 H-1B petitions. Additionally, the agency announced last week that they completed data entry for all FY 2020 H-1B cap-subject petitions selected (including master’s cap cases), which means they will be sending receipt notices for those cases selected and returning those cases not selected.
Read more