Time to Get Ready for the H-1B (FY 2021) Cap Season and Prepare for Electronic Registration Starting March 1, 2020

New 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.

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The New York Times: “Supreme Court Allows Trump’s Wealth Test for Green Cards”

On Monday this week the Supreme Court issued a 5-4 decision to stay the current nationwide injunction of the “public charge” final rule. With this decision, the administration can implement the “public charge’ final rule for now while the underlying litigation continues, except in Illinois, which has a state-specific injunction. The “public charge” final rule will make it more difficult for immigrants to receive Green Cards if they’ve ever used, or are seen as “likely to use,” public benefits such as food stamps, Section 8 housing vouchers, and Medicaid, among others. The rule arguably redefines the “historic meaning” of the term “public charge,” which will likely result in the denial of applications based on “a bureaucrat’s suspicions that they could use welfare.”

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Department of State Publishes Final Rule to Prevent Pregnant Women from Traveling to the US under B Visas for “Birth Tourism”

The Department of State (DOS) last week published a final rule effective January 24, 2020, that states consular officers will deny applications for B nonimmigrant visas if the officer believes that the foreign national applicant intends to travel to the US for the primary purpose of obtaining US citizenship for a child by giving birth in the US, commonly referred to as “birth tourism.” The final rule states that the DOS is addressing the issue of “birth tourism” since it “creates a potential long-term vulnerability for national security” and since the “birth tourism” industry is “rife with criminal activity, including international criminal schemes.”

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The Guardian: "'Treated like a terrorist': US deports growing number of Iranian students with valid visas from US airports"

In December 2019, Mohammad Elmi, an Iranian national, traveled to Los Angeles to begin a PhD program at the University of California, Santa Barbara. But upon trying to enter the US, Elmi was stopped by US Customs & Border Protection (CBP) and searched and repeatedly questioned for hours. His wife, Shima Mousavi, who is pursuing a master’s degree in California, waited near the airport for eight hours before her phone rang. “I’m so sorry,” Elmi told her. “They are sending me back to Iran.”

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