Immigration Blog

Tag: H-1B

How Do Employers Comply with the H-1B LCA Notice Requirements in Light of COVID-19?

The H-1B regulations require employers to notify employees of their intent to hire H-1B nonimmigrant workers via a “Posting Notice” prior to filing the H-1B nonimmigrant petition.   The notification must be readily available to affected workers. Typically, this notice is accomplished by posting a hard-copy of the notice at the worksite where the H-1B worker will be employed in two conspicuous places. However, with many employees working remotely, employers will need to consider electronic notification.     […]

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FY 2021 H-1B Cap Petitions Update

USCIS announced that it received about 275,000 H-1B registrations and roughly 46% of them were for prospective beneficiaries with U.S. advanced degrees (master’s or higher). Electronically registered H-1B cap petitions selected under the registration for FY 2021 can now be finalized and filed. Petitioners and beneficiaries must follow existing statutory and regulatory requirements to establish H-1B eligibility at the time the petition is filed and through adjudication.  The period of filing indicated on the registration […]

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H-1B Cap Lottery Results Being Released

The H-1B cap lottery results FY2021 are being released. But what does that mean? Will you know immediately if you were selected? What if you were not selected? The majority of those who have been selected for an H-1B cap visa this year will likely know by March 31 if they were selected. However, USCIS has indicated that beneficiaries not chosen in the initial selection will remain in consideration for selection until the end of […]

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Premium Processing Suspension for I-129 and I-140 Petitions

On March 20, 2020, USCIS temporarily suspended premium processing service for all Form I-129 and I-140 petitions until further notice due to the pandemic. What If USCIS Already Accepted Your Request for Premium Processing?  As of this writing, USCIS plans to continue with premium processing for those petitions that already have an accepted Form I-907, Request for Premium Processing Service.  What About Other Premium Processing Requests in Progress? For petitions mailed before March 20 that […]

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Premium Processing Suspension for H-1B Cap-Subject Petitions

USCIS has temporarily suspended premium processing service for FY2021 cap-subject H-1B petitions.  Petitioners won’t be able to request premium processing when USCIS begins accepting cap-subject petitions on April 1. Premium processing will resume in a two-phased approach during the FY2021 cap season.  The first phase will include H-1B petitions, including those eligible for the advanced degree exemption, requesting a change of status from F-1 nonimmigrant status. This phase is expected to begin no later than […]

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How to Improve Your Chances with the New H-1B Cap Registration Process

There’s a new H-1B cap registration process this year, and it’s starting soon. We’re staying alert to changes. And we’re sharing with you key dates, tips, insights, and tools to help improve your chances of success and make the process run as smoothly as possible. If you have employees who need a cap-subject H-1B visa to work or if you’re a foreign student who needs a cap-subject H-1B visa to work, now’s the time to […]

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