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Articles Posted in H-1B Lottery

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Did you participate in the H-1B electronic registration for Fiscal Year 2022? If so, we have some exciting news for you.

In this post we share with you some exciting news for individuals who submitted H-1B registrations for the fiscal year 2022 H-1B cap. On Friday, November 19, 2021, USCIS issued a news alert informing the public that they have selected additional H-1B registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption to reach the mandated cap for the H-1B program.

As our readers may recall, USCIS conducted a second lottery on July 28, 2021, making this the third lottery conducted to meet the Congressionally mandated FY 2022 cap.

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Did you participate in the H-1B electronic registration for Fiscal Year 2022? If so, we have some exciting news for you.

This morning, July 29, 2021, USCIS announced via its official website that the agency has conducted a second randomized lottery to select additional registrations to reach the Congressionally mandated Fiscal Year 2022 numerical allocations for the H-1B visa program.

When did the second lottery take place?

On July 28, 2021, USCIS selected from previously submitted electronic FY 2022 registrations, using a randomized process, to meet the necessary visa quota numbers.

How will you know if you were selected?

Petitioners with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you must contact your legal representative/case manager to determine whether you were selected in the July 28 lottery.

If I was selected in the second lottery, when can I submit my paper application by mail?

Only petitioners who were selected in the second lottery will be able to file a paper application with USCIS on behalf of the alien worker, beginning August 2, 2021, through November 3, 2021. Petitioner’s must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition. No online filing system is currently available. Petitioners should ensure that they send their paper application to the correct service center within the filing period indicated on the registration selection notice.

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Welcome to the start of a new week! In this blog post we share with you some good news regarding the continuing flexibility policy being followed by the United States Citizenship and Immigration Services (USCIS) for applicants who have received a Request for Evidence, or Notice of Intent to Deny between March 1, 2020, and September 30, 2021, as well as new guidance for FY 2021 H-1B cap-subject petitioners, whose petitions were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.

 

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

On June 24, 2021, USCIS announced that it will continue its flexibility policy and grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through September 30, 2021.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and September 30, 2021 can take advantage of the additional 60 days to respond to the request or notice:

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We are extremely excited to report that USCIS has received enough electronic registrations during the H-1B initial registration period to reach the mandated numerical cap for fiscal year 2022, including for the advanced degree exemption (also known as the master’s cap), and has now selected all registrations eligible to participate in the H-1B visa program.

The H-1B initial electronic registration period came to an end on March 25, 2021, at which time USCIS began the process of randomly selecting from eligible registrations to fill the H-1B cap, including for the advanced degree exemption.

USCIS has now selected those registrations that will move forward and file a paper application with USCIS.

All those who were selected have received a notification of their selection in their myUSCIS online account. Selections in the myUSCIS portal will indicate that the petitioner is eligible to file an H-1B cap-subject petition for the beneficiary that was named in the applicable selected registration.

On behalf of our law office, we extend our congratulations to all those who were selected to move forward with the filing of their petitions.

What happens next?

Now that you have overcome this obstacle, you may be asking yourself, what’s next? Sadly, getting selected in the H-1B visa lottery is just the first step in obtaining an H-1B visa. The second step requires the petitioner to demonstrate the beneficiary’s eligibility for the H-1B visa by filing Form I-129 with USCIS and obtaining approval.

USCIS has announced that all petitioners who have been properly selected in the visa lottery for fiscal year 2022, may file an H-1B cap-subject petition with USCIS, including petitions eligible for the advanced degree exemption, starting today April 1, 2021. Only filings that are based on a valid, selected registration will be accepted by USCIS for FY 2022, and only for beneficiaries named in the selected registration notice.

Those who were not selected must wait to apply again next year.

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Happy Friday! In this blog post, we bring you the latest immigration updates including exciting information about the H-1B cap season for FY 2022 now in full swing, USCIS Flexibility to RFEs/NOIDs and other agency requests, and the Department of State’s update regarding the 2018 Public Charge rule.

H-1B Cap FY 2022 News

The H-1B cap season is now upon us. On March 9, 2021, USCIS opened the mandatory H-1B electronic registration system, in preparation for selection of visas under the H-1B cap for fiscal year 2022. Last year, USCIS introduced a brand-new electronic registration process for the H-1B cap, including the advanced degree exemption. The electronic registration system has been implemented to streamline the application process. Gone are the days when all petitioners were required to submit a paper application by mail for a chance of being selected.

Now the electronic registration process requires prospective H-1B petitioners, seeking authorization to employ H-1B workers subject to the cap, to complete an electronic registration on the USCIS website that asks for basic information about the prospective petitioner and each requested worker.

Only those who submit an electronic registration have a chance of being selected to participate in the H-1B visa lottery. Additionally, only those with a selected registration are invited to submit a paper application by mail to establish eligibility for an H-1B visa.

Yesterday, March 25, 2021, the electronic registration period officially closed. USCIS will now go through the process of randomly selecting from eligible registrations to fill the H-1B cap.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with some important immigration updates.

USCIS Expands Premium Processing Service to E-3 Petitioners

We are happy to report that beginning February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will be able to take advantage of premium processing service to expedite processing of their petition. The filing fee for premium processing service for E-3 petitions is $2,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker and I-140 Immigrant Petition for Alien Workers. The main benefit of this service is a guaranteed 15-calendar day processing time for all those who take advantage of it.

When does the 15-calendar period begin?

The 15-calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

Is premium processing available for other petitions?

At the moment premium processing service is only available for I-129 and I-140 petitions. However, H.R. 8337 proposed expanding premium processing service to other types of applications in the future including applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

USCIS Introduces Flexibilities for Certain Students Filing Form I-765 for OPT

We are happy to report that on February 26, 2021, USCIS announced new flexibility policies for certain foreign students who have not received receipt notices for Form I-765 petitions for OPT as a result of USCIS delays.

USCIS has stated that the agency has been experiencing delays at certain lockboxes and has not been able to issue receipt notices for certain Form I-765 applications for optional practical training (OPT) for F-1 students in a timely manner.

As a result, USCIS will provide the following flexibilities to assist certain applicants for OPT who have been impacted by the delays.

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The H-1B cap season for FY 2022 is almost upon us!

USCIS has announced that the H-1B initial registration period for the FY 2022 cap is scheduled to open at noon ET on March 9, 2021 and will remain open until noon ET on March 25, 2021.

As our readers are aware, USCIS recently implemented a new mandatory H-1B electronic registration system for the H-1B cap.

Under this new electronic registration process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, must complete an electronic registration process on the USCIS website that requires basic information about the prospective petitioner and each requested worker.

The H-1B selection process will then be run on properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

That means that in order to have a chance of being selected, from now on all prospective petitioners and their authorized representatives seeking to file H-1B cap-subject petitions for FY 2021, including for beneficiaries eligible for the advanced degree exemption, must first register during the registration period (March 9, 2021 to March 25, 2021) and pay the associated $10 registration fee for each beneficiary.

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Welcome back to Visalawyerblog! In today’s post, we discuss a newly released final rule announced by the United States Citizenship and Immigration Services (USCIS) on January 7, 2021.

The new rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a new wage level selection process.

According to USCIS this new rule will only affect H-1B cap-subject petitions. It will be enforced against both the H-1B regular cap and the H-1B advanced degree exemption beginning March 9, 2021 (its effective date).

The final rule is scheduled to be published on January 8, 2021, however an advance copy has already been posted in the Federal Register for review.

Click here to view the advance copy.

When does the final rule become effective?

The final rule will become effective 60 days after its date of publication in the Federal Register (falling on March 9, 2021).

What are some of the highlights of this new rule?

The USCIS final rule creates a wage-based selection process for H-1B registrations, instead of a randomized computer generated process which is currently in place.

Ranking by Wage Level

DHS will amend regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level indicated on the petition, where the proffered wage equals or exceeds the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I.

The proffered wage is the wage that the employer intends to pay the beneficiary.

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Happy Monday! Welcome back to Visalawyerblog. We begin the start of the new week with some disappointing news regarding premium processing fee increases effective today October 19, 2020.

On October 16, 2020, the United States Citizenship and Immigration Services (USCIS) quietly announced a substantial increase in filing fees for premium processing requests filed on Form I-907 that became effective today October 19, 2020,  in compliance with H.R.8337 (Public Law No. 116-159) a continuing appropriations bill that became public law on October 1, 2020.

Pursuant to this new bill, starting today USCIS will increase the filing fee for Form I-907 Request for Premium Processing from $1,440 to $2,500, for all filings except those from petitioners filing Form I-129 Petition for a Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant worker status.

The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. USCIS guarantees processing within 15 calendar days to those who choose to use this service.

The 15 calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

H.R. 8337 will soon expand premium processing service to applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

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On October 1, 2020, federal judge Jeffrey White of the U.S. Court for the Northern District of California issued a preliminary injunction that prevents the government from enforcing Presidential Proclamation 10052 issued on June 22, 2020, but only against the Plaintiffs in the lawsuit which include the National Association of Manufacturers, the United States Chamber of Commerce, the National Retail Federation, Technet, and Intrax, Inc. See National Association of Manufacturers v. Department of Homeland Security.

The plaintiffs brought the lawsuit before the court to challenge the issuance of Presidential Proclamation 10052, which suspends visa issuance for certain nonimmigrant workers until December 13, 2020, with discretion to be continued “as necessary.” Those impacted by this Proclamation include applicants who were not in the United States on June 24th or in possession of a valid visa as of that date, who seek visas in any of the following categories:

(1) H-1B or H-2B visa nonimmigrant visa applicants, and any alien accompanying or following to join such alien;

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