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Tag Archives: H-1B

USCIS Will No Longer Premium Process H-4s and L-2s filed with H-1B and L-1 Petitions

The American Immigration Lawyers Association (AILA) reports that USCIS will no longer continue its “courtesy practice” of providing premium processing service to H-4 and L-2 applications (Form I-539) filed concurrently with H-1B and L-1 petitions (Form I-129). Rather, USCIS will separate an I-539 application from the I-129 petition and follow the regular I-539 processing time, […]

USCIS Resumes Premium Processing for All H-1B Petitions

March 12, 2019 USCIS announced today that it  is resuming premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you may include your RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a […]

DHS Plans to End Employment Authorization for H-4 Spouses

The Department of Homeland Security (DHS) proposed amending its rule permitting employment authorization for H‑4 dependent spouses. Citizenship and Immigration Services (USCIS) issues H‑4 visas to the spouses and minor children of H‑1B visa holders. Currently, an H‑4 dependent spouse is permitted to receive an employment authorization under certain conditions, specifically if the H‑1B visa holder is […]

Update: New Rule for H-1B Visas Goes into Effect

The Department of Homeland Security (DHS) published its final rule, amending the process for selecting foreign nationals to receive cap-subject H-1B visas. The H-1B visa program allows companies to hire, for a three-year term (renewable once), foreign workers who have a bachelor degree or higher and have highly specialized knowledge in specialty occupations such as […]

Update on Premium Processing for 2018/19 H-1B Cap Petitions

UPDATE – August 28, 2018 USCIS announced is extending the previously-announced temporary suspension of premium processing for cap‐subject H‐1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H‐1B petitions. USCIS expects these suspensions to last until February 19, 2019. The expanded temporary suspension applies to all H‐1B petitions […]

U.S. Supreme Court Permits Implementation of Trump Travel Ban

In late September 2017, President Trump issued his third attempt at imposing travel restrictions on people from certain countries.  Federal district courts in Hawaii and Maryland temporarily struck down the new travel ban.  Those cases are now pending before the U.S. Courts of Appeals for the Fourth and Ninth Circuits. The travel ban only applies […]

Previous H-1B Approval No Longer Assures Extension will be Approved

Under updated policy guidance, U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker. In other words, previous approval […]

USCIS Resuming “Premium Processing” for all H-1B Petitions

October 3, 2017 U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the […]

U.S. Embassy and Consulates in Russia Suspend Nonimmigrant Visa Issuance

The U.S. Department of State has announced it will suspend nonimmigrant visa (NIV) operations in Russia.  The action, beginning August 23, 2017, is being taken in reaction to the Russian government’s imposition of a personnel cap on the U.S. Mission. Affected visa types will include tourist (B-2), professional worker (H-1B and L-1), exchange visitor (J-1) […]

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap Subject Petitions

USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in a computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame […]

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