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Hundreds of H-1B Applicants File Lawsuit Challenging FY2022 H-1B Lottery Cap Registration Rules

Several hundred H-1B applicants filed a lawsuit in the U.S. District Court for the District of Columbia alleging that the H-1B cap registration rules and regulations that took effect in April 2019 and are codified at 8 CFR §214.2(h)(8)(iii) are unlawful.

https://cbocalbos.wordpress.com/tag/h1b-lottery/

https://cbocalbos.wordpress.com/tag/h1b-cap/

https://cbocalbos.wordpress.com/tag/h1b/

https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

H-1B’s will start in April

Be sure to get your papers in order and LCA completed so that the H-1B can be ready to be filed on April 1, 2021 for starting date on October 1, 2121. It will be a mad rush to get the alloted assignments.

USCIS Returns Unselected FY2020 H‑1B Cap-Subject Petitions

USCIS announced that it has returned all FY2020 H‑1B cap-subject petitions that were not selected in the lottery. Petitioners who haven’t received a receipt notice or a returned petition for a cap-subject H‑1B petition by August 29, 2019, should contact USCIS for assistance.

https://cbocalbos.wordpress.com/tag/h1b/

https://cbocalbos.wordpress.com/tag/h1b-cap/

https://cbocalbos.wordpress.com/tag/h1b-lottery/

https://californiaimmigration.us/us-economic-policy-regarding-h1-b-and-l-1-visa-to-be-evaluated/

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. The Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. USCIS plans to resume premium processing of other H-1B petitions as workloads permit.

https://cbocalbos.wordpress.com/tag/h1b/

https://cbocalbos.wordpress.com/tag/h1b-cap/

https://cbocalbos.wordpress.com/tag/h1b-registration/

https://californiaimmigration.us/us-economic-policy-regarding-h1-b-and-l-1-visa-to-be-evaluated/

H-1B petitions

USCIS reached the congressionally mandated 65,000 visa H-1B cap for FY2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all unselected petitions

 
 
 
 
 

Proposed Rules for Highly Skilled workers

DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). The rule would also make changes intended to improve stability and job flexibility for certain workers, and would amend regulations governing the processing of applications for employment authorization.

https://cbocalbos.wordpress.com/tag/skilled-workers/

https://cbocalbos.wordpress.com/tag/highly-skilled-workers/

https://cbocalbos.wordpress.com/tag/skilled-worker/

https://californiaimmigration.us/visas/h-2b-temporary-worker/

H-1B border security fees at an end

USCIS issued a notice that certain H-1B and L-1 petitions filed on or after October 1, 2015, should not include the additional filing fees of $2,000 or $2,250, often called “border security fees,” that were previously required by Public Law 111-230. The additional fees expired on September 30, 2015. All other H-1B and L-1 fees, including the base processing fee, the Fraud Prevention and Detection Fee, and the American Competitiveness and Workforce Improvement Act of 1998 Fee (when applicable) are still required.

https://cbocalbos.wordpress.com/tag/h-1b-2/

https://cbocalbos.wordpress.com/tag/amended-h-1b-petition/

https://cbocalbos.wordpress.com/tag/h-1b/

https://californiaimmigration.us/h-1b-work-visa-for-specialty-occupation-visa/

A USCIS policy memo provides final guidance on when a petitioner is required to file an amended or new H-1B petition following the Administrative Appeals Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The memo includes information on how to become compliant with Simeio, and USCIS states that it will consider filings for changes in the place of employment that occurred on or before the Simeio decision to be timely during a safe harbor period, which runs until January 16, 2015.

H-1B Cap season updates

H-1B approval

H-1B attorney

H-1B speciality worker

USCIS notified stakeholders that it has finished returning FY2016 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.

Cap H-1B

H-1B Petitions

H-1B approval

H-1B updates

USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.

Amended H-1B petition

H-1B petitions

Deadline for H-1B

USCIS provides FY 2022 H-1B Cap Season Updates