Initial H-1B Electronic Registration Period Closed March 20

The initial electronic registration period for the fiscal year (FY) 2021 H-1B numerical allocations closed at noon Eastern Time on March 20, 2020. To be considered in the initial selection process, electronic registrations must have been properly submitted before noon on March 20. If USCIS has received enough registrations during the initial registration period, the agency will conduct the lottery to randomly select the number of registrations they project are needed to reach the FY 2021 H-1B numerical allocations.

After the lottery, the agency will send selection notifications via users’ online accounts no later than March 31, 2020. Selected registrants will be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. The H-1B cap-subject petition must be properly filed within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap subject petition will be at least ninety days. For more information, visit the H-1B Electronic Registration Process page.

The View from our (Home) Offices

This week in an effort to help prevent the spread of coronavirus (COVID-19) but also maintain a functioning and operational office, the majority of our staff are working from home. Since USCIS service centers are operational, we are still preparing and filing cases! Each of us have different setups for our home office and workstations, and we thought we’d share our many different views (and also so many pets!). We hope everyone stays safe and healthy!

USCIS Announces Temporary Suspension of Premium Processing for FY 2021 Cap-Subject Petitions

US Citizenship & Immigration Services (USCIS) this week announced the temporary suspension of premium processing for fiscal year (FY) 2021 cap-subject H-1B petitions. When USCIS begins accepting cap-subject petitions on April 1 (for cases selected in the lottery), petitioners filing these FY 2021 cap-subject H-1B petitions will not be able to request premium processing. USCIS will reject any Form I-907 concurrently filed with a cap-subject H-1B Form I-129 until the premium processing service resumes for FY 2021 cap-subject H-1B petitions. 

Similar to previous years, premium processing for cap cases will resume in a two-phased approach:

1. The first phase will include FY 2021 cap-subject H-1B petitions, including master’s cap cases, requesting a change of status from F-1 nonimmigrant status. USCIS will resume premium processing for these cases no later than May 27, 2020. To be eligible to file a case via premium processing as part of this first group, petitioners must select response “b” for Item 4 in Part 2 of Form I-129, and indicate “F-1” for Item 5, “Current Nonimmigrant Status” in Part 3 of Form I-129;

2. The second phase includes all other FY 2021 cap-subject petitions. Premium processing will be available for these cases on June 29, 2020, at the earliest.  

USCIS claims that the temporary suspension will help them “reduce overall H-1B processing times,” and the agency will notify the public with a confirmed date for both phases for resuming premium processing for the FY 2021 H-1B cap-subject petitions.

Please note that this suspension only applies to FY 2021 cap cases. At this time, premium processing is available for H-1B petitions that are exempt from the cap, including extension of stay requests, as well as other types of visa petitions.

US Embassy/Consulate Visa Appointment Cancellations (UPDATED JULY 20, 2020)

UPDATE JULY 20, 2020: US Embassies/Consulates around the world will begin the phased resumption of some routine visa services, with some resuming services as of July 15, 2020.

Many US Embassies and Consulates around the world have canceled routine nonimmigrant and immigrant visa appointments in response to the spread of coronavirus (COVID-19). In this post, we have included cancellation information for select US Embassies and Consulates. The US State Department also has a dedicated page with links to each nation’s US embassy that provides specific information regarding COVID-19 including information regarding health services, recommendations, and, if applicable, notification of the reduction or suspension of visa services. While not every embassy page is updated, many have useful and relevant information for travelers. Additionally, The Gate, a blog focusing on travel, has provided a full list of countries and territories that have travel restrictions as a result of COVID-19. 

Argentina 
Effective March 16, the US Embassy in Buenos Aires has cancelled routine nonimmigrant visa appointments. They will resume routine visa services as soon as possible. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Travelers who have an urgent matter and need to travel immediately should follow the guidance provided under the “Expedited Appointments” tab on the embassy webpage page to request an emergency appointment.

Canada
Effective March 17, 2020, the US Embassy and all Consulates General in Canada have cancelled all routine nonimmigrant visa appointments. They do not know when they will resume appointments.  Travelers who have an urgent matter and need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-ca/niv to request an emergency appointment. The Consulate General in Montreal at this time continues to process immigrant visas but depending on staffing capacity and host government restrictions, they may reduce routine immigrant visa appointments, and will notify applicants if necessary to reschedule.

Chile
Nonnimigrant visa processing is suspended effective March 16 through March 31, 2020. Those who have an urgent need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-cl/niv/information/faqs#need_earlier_appt to request an emergency appointment.

France
Effective March 16, 2020, the United States Embassy in Paris, France is cancelling routine immigrant and nonimmigrant visa appointments. The embassy will resume these routine visa services as soon as possible but they are unable to provide a specific date at this time. Note that the MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Applicants who need to travel immediately because of an urgent matter should follow instructions here, or contact fae_contactus+fr+mrv+en@visaops.net or call +33 1 82 88 29 57 (if in France) or +1 703 543 9342 (if in the US), to request an emergency appointment.

Mexico
US Embassy and Consulates in Mexico have indefinitely suspended all nonimmigrant visa and immigrant visa appointments. Biometric appointments will be cancelled via email. Nonimmigrant visa applications will be accepted on a limited basis for emergency travel only and applicants should make the request for an emergency appointment at https://ais.usvisa-info.com/en-MX/niv. For case-specific inquiries for nonimmigrant visas, please contact the Embassy at mx.usembassy.gov/es/visas-es/contactenos-form. For immigrant visa inquiries, applicants can find instructions on how to contact staff at ais.usvisa-info.com/es-mx/iv/information/contact_us.

The Netherlands 
The US Consulate Amsterdam will limit consular services as of March 17th, in response to the Dutch Government’s March 15 decree establishing country-wide school and cultural closures to prevent the spread of COVID-19. Consequently, all scheduled regular appointments are cancelled until further notice. Emergency visa processing will continue. For updates on COVID-19 please consult the embassy website and https://www.rivm.nl/en.

United Kingdom
The US Embassy in London is cancelling all nonimmigrant and immigrant visa appointments effective March 17, 2020. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. At this time there is no indication when appointments will resume. Applicants who recently had appointments at the Embassy have reported that the consular officer told them the Embassy is not printing visas at this time due to the coronavirus (COVID-19) pandemic.

Switzerland
Effective March 16, 2020, US Embassy Bern has suspended routine consular services. The embassy will also be closed on March 17 and resume limited operations on March 18.  Emergency American Citizens Services, including emergency passport issuance, continue to be available. Please visit the embassy website for additional information or to schedule an appointment. The US Consular Agencies in Geneva and Zurich will remain closed effective immediately until further notice.

 We will post additional updates as we receive them.

The Baayfalls

The mural The Baayfalls on the High Line is a double portrait of a sister and brother that the artist, Jordan Casteel, painted while at an artist residency at The Studio Museum in Harlem. Casteel, known for her vibrant portraiture, painted Fallou, who designs and sells hats, and her brother, Baaye Demba Sow. The title is a references to Baye Fall, a sect of the Sufi brotherhood Mouride, which Fallou’s brother belongs to, and the hand gesture Fallou is making signifies Allah among members of Baye Fall. With her portraiture, Casteel “adds deeply nuanced expressions of human experience to the expanding collection of images we see every day.” Which is just what we need in these trying times.

Forbes: "Judge Slaps Down USCIS In Significant H-1B Visa Court Case"

US Magistrate Judge L. Patrick Auld has ruled that US Citizenship & Immigration Services (USCIS) improperly denied an H-1B petition after USCIS claimed the position did not qualify as a “specialty occupation.” Stuart Anderson, senior contributor at Forbes, writes that this ruling is the “first known case where a federal judge has analyzed whether the USCIS interpretation of its H-1B regulation is entitled to deference under the recent Supreme Court Kisor decision — and the judge determined the USCIS interpretation was not entitled to deference.” In the ruling, the judge rejected USCIS’s assertion that the agency could deny an H-1B petition because the position did not require a degree in a specific subspecialty and that position could be filled by an individual with a degree in more than one discipline.

“USCIS uses a convoluted, nearly indecipherable rationale to define the word ‘degree’ to mean ‘not just a degree,’ but a degree in a specific specialty,” Bradley Banias, a partner with Wasden Banias, LLC who argued the case for the plaintiff, told Anderson in an interview. “Based on this rationale, the agency would find if the position could be filled by someone with a mechanical engineering degree or an electrical engineering degree, USCIS would say that position is not a specialty occupation because it does not require a lone type of degree in a specific specialty.” Banias praised the ruling: “For years, USCIS has used nonsensical distinctions to deny H-1Bs. This opinion will allow employers to push back hard.”

The Joys of Using the New H-1B Registration System

The H-1B cap is officially here! Beginning March 1, 2020, we can submit H-1B electronic registrations for H-1B cap applicants for the first time. This year is notable since it is the first time that US Citizenship & Immigration Services (USCIS) is using the H-1B electronic registration system on USCIS.gov. The H-1B electronic registration process requires employers seeking to file H-1B cap cases, including master’s cap cases, to first register online and pay a $10 registration fee in order to enter the H-1B lottery. If a case is selected in the lottery, employers will then be permitted to file full H-1B petitions during a filing period of at least ninety days, likely beginning in April. The initial H-1B cap registration period will run from noon on March 1 until noon on March 20, 2020. While there have been some glitches, we have been excitedly (but carefully) entering H-1B electronic registrations all week. It’s okay, Liz, you can take a break now!