THE DEPARTMENT OF HOMELAND SECUTIRY PROPOSES A MINIMAL FEE OF $10 FOR THE REGISTRATION OF H-1B CAP SUBJECT PETITIONS

The Department of Homeland Security Proposes a Minimal Fee of $10 for the Registration of H-1B Cap Subject Petitions The USCIS is Implementing New Rules for Processing FY2021 H-1B Cap Petitions Through its rules under 8 CFR Part 214, the USCIS implemented new plans for processing H-1B Cap Petitions starting with FY 2021. As stated […]
U.S. DEPARTMENT OF STATE RELEASES OCTOBER VISA BULLETIN

U.S. Department of State Releases October Visa Bulletin Retrogression Is More Severe or Shows Little Movement for Indian Nationals in EB-1 and EB-2 Categories The October Visa Bulletin shows little movement for Indian Nationals – and for cases in the EB-1 category, shows severe retrogression. In the EB-2 category there was only a 4-day advance […]
THE DEPARTMENT OF HOMELAND SECURITY “ANNOUNCES FINAL RULE FOR A MORE EFFECTIVE AND EFFICIENT H-1B VISA PROGRAM” WHICH WILL GO INTO EFFECT ON APRIL 1, 2019
The Final Rule Includes an Electronic Registration Requirement, which will be Suspended for the FY2020 H-1B Cap On January 30, 2019, the Department of Homeland Security announced a final rule “amending regulations governing H-1B cap-subject petitions.” The Final Rule, which will be published in the Federal Register on January 31, 2019 and will go into […]
USCIS TO BEGIN IMPLEMENTATION OF NTA (NOTICES TO APPEAR) POLICY MEMORANDUM ON OCTOBER 1, 2018

The USCIS intends to take an “Incremental Approach” when Implementing the NTA Policy Memorandum On June 28, 2018, the USCIS released a Policy Memorandum called “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” An NTA is a document that orders a foreign […]
F-1 “CAP-GAP” STATUS AND WORK AUTHORIZATION EXTENSION NO LONGER VALID FOR FY2019 CAP

As of October 1, 2018, F-1 “Cap-Gap” Work Authorization Ends for F-1 Students who have H-1B Petitions Still Pending in the FY2019 Cap According to USCIS regulations, “an F-1 student who is the beneficiary of a timely filed H-1B cap-subject petition requesting a change of status to H-1B on [October 1, 2018],” is eligible through the “cap-gap” […]
DEPARTMENT OF STATE RELEASES VISA BULLETIN FOR OCTOBER 2018

The October 2018 Visa Bulletin Contains EB-1 Retrogression that is Unprecedented for the Start of the Fiscal Year The Department of State has released the visa bulletin for the month of October. Unfortunately, even though October 1, 2018 marks the start of the new fiscal year when new immigrant visa numbers become available, there is […]
USCIS EXTENDS SUSPENSION OF PREMIUM PROCESSING FOR FY2019 CAP-SUBJECT PETITIONS AND ISSUES NEW SUSPENSION OF PREMIUM PROCESSING FOR ADDITIONAL H-1B PETITIONS

All Premium Processing Suspensions Detailed by the USCIS will Remain in Effect Until February 19, 2019 (With the New Suspensions Starting on September 11, 2018) On August 28, 2018, the USCIS issued an alert stating that they will “extend and expand [the] suspension of premium processing for H-1B petitions” in an attempt to “reduce delays.” […]
USCIS ISSUES REVISED AND FINAL POLICY MEMORANDUM GOVERNING THE ACCRUAL OF UNLAWFUL PRESENCE FOR F, J, AND M NONIMMIGRANTS

The Policy Memorandum, effective August 9, 2018, Changes the Policy in which F, J, and M Nonimmigrants Accrue Unlawful Presence On August 9, 2018, the USCIS released a new policy memorandum that revises and supersedes their previous May 10, 2018 policy memorandum titled “Unlawful Presence and F, J, and M, Nonimmigrants” and all other previous […]
USCIS ISSUES NEW POLICY MEMORANDUM ON ADJUDICATIONS

Effective September 11, 2018 USCIS Empowered to Make Determinations Without Issuing RFEs and NOIDs USCIS has dramatically increased the rejection of H-1B petitions of all types including H-1B Cap, H-1B Extensions and H1-B Transfers. Most of these petitions are being denied using the Specialty Occupation argument. USCIS is not accepting legal precedent, evidence, expert opinion […]
USCIS REJECTION OF H-1B PETITIONS INCREASES DRAMATICALLY

USCIS Is Rejecting Petitions Ignoring Precedent and Court Decisions USCIS has dramatically increased the rejection of H-1B petitions of all types including H-1B Cap, H-1B Extensions and H1-B Transfers. Most of these petitions are being denied using the Specialty Occupation argument. USCIS is not accepting legal precedent, evidence, expert opinion or even the Department of […]