Immigration Blog

USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, we will now begin returning all H-1B cap-subject petitions that we did not select and will issue an announcement once we are done notifying petitioners. Due to the volume of filings, we cannot provide a definite time frame for returning unselected petitions. We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap. USCIS received 201,011 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have

Guidance Clarifies Agency Requirements for Petition WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it is publishing guidance for its officers to consider when adjudicating spousal petitions involving minors. The guidance, published as an update to the USCIS Adjudicator’s Field Manual (AFM), clarifies age requirements for a petitioner filing an Affidavit of Support for a spouse in conjunction with a concurrently filed I-485, and identifies factors officers should consider when adjudicating a Form I-130 spousal petition involving a minor. “USCIS is taking

On Nov. 30, 2018, in Zhang v. USCIS , No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions. If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member

The Department of Homeland Security (DHS) posted on January 30, 2019, for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and

Now that E-Verify operations have resumed, employers who participate in E-Verify must create an E-Verify case by February 11, 2019 for each employee hired while E-Verify was not available. You must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If the case creation date is more than three days following the date the employee began working for pay, select “Other” from the drop-down list and enter “E-Verify Not Available” as the specific reason.

The federal government was partially shut down on December 22nd after lawmakers could not reach an agreement about funding for President Donald Trump's proposed border wall. The shutdown has now lasted into the New Year, with no indication of when it will end. This is the second longest U.S. government shutdown. The shutdown has affected air travel. Over the weekend, some airports had long lines at checkpoints, apparently caused by a rising number of security officers calling in sick while they are not getting paid. So far, the impact of the shutdown has been most visible for some government

Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum. The Acting Attorney General and the Secretary issued the following joint statement: “Consistent with our immigration laws, the President has the broad authority to suspend or