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In the blog post we share some exciting H-1B news! While the FY 2023 H-1B season is about to get underway, today February 28, 2022, USCIS announced that it has received enough petitions to reach the fiscal year 2022 cap that began last March, including the advanced degree exemption.

USCIS has sent non-selection notifications to registrants’ USCIS online accounts. If you were not selected in the FY 2022 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

The agency will continue to accept and process cap-exempt petitions including petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

If you were not selected in the H-1B fiscal year 2022, there is still good news. The H-1B fiscal year 2023 season is just about to begin, and you may have a shot at being selected.

Those who wish to apply for the H-1B FY 2023 cap must submit an electronic registration on the USCIS website.

The H-1B initial registration period for the FY 2023 cap is scheduled to open tomorrow at noon ET, March 1, 2022 and the registration period will remain open until noon ET on March 18, 2022.

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Happy Valentine’s Day! Welcome back to Visalawyerblog. In this blog post, we share with you some important updates in the world of immigration. But first, we hope you are having a wonderful holiday spent with friends and loved ones.

What’s New?

USCIS Updates its Guidelines to Increase Validity Period of Employment Authorization Documents for Certain Applicants

Last week, the U.S. Citizenship and Immigration Services announced new updates to its policy changing the maximum validity period granted to certain individuals applying for Employment Authorization Documents (EADs), also known as work permits.

Effective February 7, 2021, USCIS has announced that it will generally grant new and renewed EADs valid for a 2-year validity period to applicants in the following categories:

  • Admitted as a refugee (a)(3);
  • Granted asylum (a)(5);
  • Granted withholding of deportation or removal (a)(10); and
  • VAWA self-petitioner (c)(31).

USCIS will also be granting new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:

  • Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and
  • Granted deferred action (non-DACA) (c)(14).

This benefit will apply to those in the impacted categories seeking new and renewed EADs issued on or after February 7, 2022. EADs issued on or after this period will reflect the updated 2-year validity period. EADs issued prior to February 7, 2022, will not benefit from the change.

Why the change?

USCIS has said that this validity period extension will help ease processing backlogs because these applicants will no longer need to apply to renew their EADs every year. It will also help prevent interrupts in employment authorization.

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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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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 this post we bring you some breaking news about what you can expect to see from the Biden administration with respect to immigration in the coming days.

Tomorrow January 29th President Biden is expected to issue several important executive orders and memorandums aimed at reversing former President Trump’s damaging policies on immigration.

It is rumored that as part of these new orders, the President will be rescinding Proclamations 10014 and 10052.

As you may recall, Proclamation 10014 established a 60-day ban on the issuance of visas worldwide for a wide variety of immigrants including those who (1) were outside of the United States as of April 23rd and (2) who did not have a valid immigrant visa or official travel document as of that date.

Prior to its expiration, the President signed Proclamation 10052 to extend enforcement of Proclamation 10014 and expanded the categories of immigrants affected.

Overview of Proclamation 10014

When Proclamation 10014 was first issued on April 22, 2020, it rocked the world of immigration because of the wide variety of immigrants that were swept up in its grasp.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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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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