Data From USCIS Shows Increase of H-1B Denials in 2019
According to the , H-1B denials have skyrocketed since fiscal year (FY) 2015. Analyzing data from , NFAP found that denial rates for new H-1B petitions have quadrupled between FY 2015 and FY 2018, and the trend is increasing for the first quarter of FY 2019.
Increased Denials of Initial H-1B Petitions
Form I-539 No Longer Eligible for “Courtesy” Premium Processing
As noted in a , the United States Citizenship and Immigration Services (USCIS) published a revised Form I-539, Application to Extend/Change Nonimmigrant Status, and a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status in March 2019. Starting on March 22, 2019, USCIS began to only accept the...
Changes to the EB-5 Immigrant Investor Program Finalized
On July 24, 2019, the United States Citizenship and Immigration Services (USCIS) published a that made significant changes to the . The final rule will become effective on November 21, 2019.
As the first significant revision of the program since 1993, the final rule makes the following changes:
Raising the mi...
ICE Begins Conducting On-Site Inspections of F-1 STEM OPT Employment
The Student and Exchange Visitor Program (SEVP) unit of the United States Immigration and Customs Enforcement (ICE) has officially launched on-site inspections of the STEM Optional Practical Training (OPT) employment of certain F-1 trainees. The purpose of these on-site inspections is to review employer compliance with STEM OPT regul...
DHS and USCIS Announces Final Rule on Inadmissibility on Public Charge Grounds
On Monday, August 12, 2019, the United States Department of Homeland Security (DHS) and Citizenship and Immigration Services (USCIS) that clearly defines the long-standing public charge inadmissibility law.
According to section 212(a)(4) of the Immigration and Nationality Act (INA), the government must at a minimum consider a for...
USCIS Completes Return of Unselected H-1B Cap Petitions for FY 2020
On August 15, 2019, the United States Citizenship and Immigration Services (USCIS) that it has finished returning all H-1B petitions that were unselected for the FY 2020 cap. Petitioners should receive their returned petitions with filing fee checks by August 29, 2019.
Meanwhile, USCIS continues to adjudicate pending H-1B cap cas...
DHS Proposes Registration Fee for H-1B Cap
On September 3, 2019, the Department of Homeland Security (DHS) announced a requiring petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to the United States Citizenship and Immigration Services (USCIS). DHS is proposing this registration fee in order to recover the ...
H-4 EAD Rescission Proposal Remains Under Federal Review
The United States Department of Homeland Security (DHS) filed a status report in response to a court order in Save Jobs USA v DHS, a lawsuit that challenges the work authorization for H-4 spouses of H-1B beneficiaries. According to the status report, the proposal for rescinding H-4 work authorization is still under federal ...
Injunction Following USCIS’s Publication of New Versions of Immigration Forms
On October 9, 2019, the United States Citizenship and Immigration Services (USCIS) published new editions of Forms I-485, I-129, I-539/I-539A, I-864, I-864EZ, and I-944. On its website, USCIS stated that it would accept the previous edition of the forms if they are postmarked on or before October 14, 2019.
The effective date of wh...
USCIS Increases Premium Processing Fee
Beginning on December 2, 2019, the United States Citizenship and Immigration Services (USCIS) will require an increased fee for premium processing for certain employment-based petitions.
The fee will increase from $1,410 to $1,440 for and . USCIS has stated that the fee increase is reflective of inflation from June 2001 to August...