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Deadline to Submit Comments on H-1B Proposed Rule Is Wednesday

USCIS published a proposed rule earlier this month that would require petitioners planning to file H‑1B cap-subject petitions to register electronically ahead of the annual H-1B lottery

The Council Files Lawsuit Challenging USCIS Denial of Computer Systems Analyst H‑1B Extension

The American Immigration Council filed a lawsuit on behalf of a U.S. company, challenging USCIS’s denial of an H‑1B extension petition for a Computer Systems Analyst on the grounds that it is “not a specialty occupation.” The case is co-counseled with Frederikson & Byron, P.A., as part of the Council’s efforts to encourage federal court challenges to arbitrary decisions. 

Advance Copy of USCIS Proposed Rule to Create Registration Requirement for Cap-Subject H‑1B Petitions

DHS announced a proposed rule that would create a registration requirement for cap-subject H‑1B petitions and change the rules so that the 65,000 “regular” lottery is run first, followed by the 20,000 “master’s” lottery.

USCIS Reminder: F-1 “Cap-Gap” Status and Work Authorization Extension Only Valid Through September 30

USCIS issued a reminder that F-1 students who have an H-1B petition that remains pending on October 1, 2018, risk accruing unlawful presence if they continue to work on or after October 1, 2018, unless otherwise authorized to continue employment, as their “cap-gap” work authorization is only valid through September 30, 2018. See AILA’s practice pointer on this topic for more information.

USCIS Returns Unselected FY2019 H-1B Cap-Subject Petitions

USCIS announced that as of yesterday, July 30, 2018, it had returned all FY2019 H-1B cap-subject petitions that were not selected in the lottery.

Companies File Motion for a Temporary Restraining Order Challenging USCIS Policy Memo on Third-Party Worksites

Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.

Nearly 200,000 H-1B Applications sent

USCIS received 190,098 new H-1B cap-subject petitions for FY2019, down from approximately 199,000 petitions in FY2018.  “For the past six years, the H-1B cap has been reached within the first week of April and for the past six years, we have missed out on thousands of opportunities to build American businesses, foster innovation, and increase our shared prosperity.

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