USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30
foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30.
What is the Under current USCIS regulations, a...
H-1B Cap Change Proposals Receive Preliminary Approval
In a , our office noted that the United States Citizenship and Immigration Services (USCIS) is making steps towards creating a pre-registration system for the H-1B cap selection process, as well as other changes to the entire H-1B cap process. Here is an update.
A proposal to the Office of Management and Budget (OMB) was reviewe...
Clarifications on L-1 One-Year Foreign Employment Requirement
On November 15, 2018, the United States Citizenship and Immigration Services (USCIS) published a that provided clarification regarding the one-year foreign employment requirement for the L-1 nonimmigrant classification.
The L-1 nonimmigrant classification allows an employer to transfer an executive or manager () or an employee w...
How to Prepare for the FY 2020 H-1B Cap Season
As mentioned in a , the United States Citizenship and Immigration Services (USCIS) is currently reviewing a proposal to make significant changes to the H-1B cap process for FY 2020. These proposed changes may include a new filing system that requires a pre-registration, a brief filing period, a waiting list, and prioritizing advanced...
USCIS Opens Premium Processing for Pending FY 2019 H-1B Cap Cases
The United States Citizenship and Immigration Services (USCIS) announced that it will be cases starting on Monday, January 28.
for FY 2019 H-1B cap cases and was expected to remain suspended through February 19, 2019. Premium processing remains suspended for H-1B change of employer, amendment, and non-cap subject change of statu...
DHS Announces Changes to the H-1B Cap
On Thursday, January 31, 2019, the Department of Homeland Security (DHS) that will make significant changes to the H-1B cap process. As mentioned in a , the United States Citizenship and Immigration Services (USCIS) has been working on a proposal to make changes to the H-1B cap process.
DHS May Publish Proposal to Rescind H-4 Employment Authorization
Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program.
Prior to that date, in April 2015, a group...
U.S. State Department Reducing H and L Visa Interview Locations in China
Beginning on March 1, 2019, the : the U.S. Embassy in Beijing, the U.S. Consulate in Guangzhou, and the U.S. Consulate in Shanghai. As such, H and L visa interviews will no longer be conducted at the U.S. Consulates located in Chengdu or Shenyang.
The reduction of the number of locations where H and L visa interviews are conducted...
Reminder: FY 2020 H-1B Cap Begins on April 1, 2019
The H-1B cap season for fiscal year 2020 will begin on Monday, April 1, 2019. As expected in previous years, the H-1B cap demand is anticipated to be high this cap season as well.
How can H-1B employers prepare for this H-1B cap season?
H-1B employers should reach out to their business immigration law firm, suc...
USCIS Resumes Premium Processing for H-1B Petitions Filed on or Before December 21, 2018
The United States Citizenship and Immigration Services (USCIS) that it will resume premium processing for all H-1B petitions filed on or before December 21, 2018.
Back on September 11, 2018, that it was extending a previously announced temporary suspension of premium processing for H-1B cap petitions and expanding the suspension...