United States Citizenship and Immigration Services (“USCIS”) announced its intent to strengthen the integrity of the H-1B registration process by introducing changes to the current electronic registration system. The final rule published on February 2, 2024, aims to ensure that regardless of how many H-1B registrations are submitted on behalf of a foreign national, the odds of that person being selected in the H-1B lottery will not increase. The new rule implements a “beneficiary-centered selection process for H-1B registrations”, which means that instead of selecting by registration, which has been the norm since 2020, USCIS will select registrations by the unique beneficiary.
Read moreUSCIS: Delayed Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the COVID-19 Pandemic
US Citizenship & Immigration Services (USCIS) announced this week that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, because of delays related to the coronavirus (COVID-19) pandemic. From the first day of filing, April 1, 2020, USCIS has not been able to immediately enter data for FY 2021 cap-subject petitions due to required health and safety protocols related to COVID-19. The agency states that data entry and notice generation will be delayed until at least May 1, 2020.
Read moreUSCIS Announces Temporary Suspension of Premium Processing for FY 2021 Cap-Subject Petitions
US Citizenship & Immigration Services (USCIS) this week announced the temporary suspension of premium processing for fiscal year (FY) 2021 cap-subject H-1B petitions. When USCIS begins accepting cap-subject petitions on April 1 (for cases selected in the lottery), petitioners filing these FY 2021 cap-subject H-1B petitions will not be able to request premium processing. USCIS will reject any Form I-907 concurrently filed with a cap-subject H-1B Form I-129 until the premium processing service resumes for FY 2021 cap-subject H-1B petitions.
Similar to previous years, premium processing for cap cases will resume in a two-phased approach:
The first phase will include FY 2021 cap-subject H-1B petitions, including master’s cap cases, requesting a change of status from F-1 nonimmigrant status. USCIS will resume premium processing for these cases no later than May 27, 2020. To be eligible to file a case via premium processing as part of this first group, petitioners must select response “b” for Item 4 in Part 2 of Form I-129, and indicate “F-1” for Item 5, “Current Nonimmigrant Status” in Part 3 of Form I-129;
The second phase includes all other FY 2021 cap-subject petitions. Premium processing will be available for these cases on June 29, 2020, at the earliest.
USCIS claims that the temporary suspension will help them “reduce overall H-1B processing times,” and the agency will notify the public with a confirmed date for both phases for resuming premium processing for the FY 2021 H-1B cap-subject petitions.
Please note that this suspension only applies to FY 2021 cap cases. At this time, premium processing is available for H-1B petitions that are exempt from the cap, including extension of stay requests, as well as other types of visa petitions.
The Joys of Using the New H-1B Registration System
The H-1B cap is officially here! Beginning March 1, 2020, we can submit H-1B electronic registrations for H-1B cap applicants for the first time. This year is notable since it is the first time that US Citizenship & Immigration Services (USCIS) is using the H-1B electronic registration system on USCIS.gov. The H-1B electronic registration process requires employers seeking to file H-1B cap cases, including master’s cap cases, to first register online and pay a $10 registration fee in order to enter the H-1B lottery. If a case is selected in the lottery, employers will then be permitted to file full H-1B petitions during a filing period of at least ninety days, likely beginning in April. The initial H-1B cap registration period will run from noon on March 1 until noon on March 20, 2020. While there have been some glitches, we have been excitedly (but carefully) entering H-1B electronic registrations all week. It’s okay, Liz, you can take a break now!
Time to Get Ready for the H-1B (FY 2021) Cap Season and Prepare for Electronic Registration Starting March 1, 2020
New year, new H-1B cap! Now that we have (mostly) recovered from the parties and festivities of the holiday season, it’s time to dive straight into H-1B cap season. In about a month’s time—on March 1, 2020—we will be able to electronically submit H-1B registrations for fiscal year (FY) 2021 for individuals who have never had H-1Bs, commonly referred to as “cap cases.” (Non-cap H-1B petitions, including extensions of existing H-1Bs and change-of-employer H-1B petitions, can be filed throughout the year.) This year is notable since it is the first time that US Citizenship & Immigration Services (USCIS) will be using the H-1B electronic registration system on USCIS.gov. Earlier this month, USCIS formally announced the implementation of the electronic H-1B registration process and timeframe.
Read moreUSCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season with Registration Beginning March 1, 2020
US Citizenship & Immigration Services (USCIS) announced last week that they have completed a successful pilot testing phase and are implementing the electronic registration process for the H-1B lottery for the upcoming fiscal year (FY) 2021 cap season. Petitioners seeking to file H-1B cap-subject petitions for the FY 2021 cap, including those filing advanced degree master’s cap cases, must first electronically register and pay the previously announced $10 H-1B registration fee. In a press release, USCIS states that they believe the electronic registration process will “dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers.”
Read moreUSCIS Implements $10 Fee for H-1B Visa Registration
US Citizenship & Immigration Services (USCIS) announced a final rule last week that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit for the H-1B electronic registration system. The agency plans to implement the H-1B registration process for the fiscal year 2021 H-1B cap selection process, assuming successful testing of the system. With this H-1B electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including advanced degree exemption cases, will first electronically register with USCIS during a designated registration period (unless the requirement is suspended). If the electronically registered case is selected in the lottery, then the petitioner will file the H-1B petition.
“This effort will help implement a more efficient and effective H-1B cap selection process,” USCIS Acting Director Ken Cuccinelli said in a statement. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” The final rule will be effective December 9, 2019, and the fee will be required when registrations are submitted. USCIS will announce the timeframe for the implementation and initial registration period in the Federal Register once a formal decision has been made, and the agency indicates that they will offer “ample notice to the public in advance of implementing the registration requirement.”
USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2020
US Citizenship & Immigration Services (USCIS) announced that they have received a sufficient number of H-1B petitions projected as needed to reach the congressionally-mandated 65,000 FY 2020 regular cap. Next, USCIS will determine if the agency has received enough petitions to meet the 20,000 US advanced degree exemption master’s cap. The agency will reject and return filing fees for all unselected cap-subject petitions which are not prohibited multiple filings. USCIS will continue to accept and process H-1B petitions exempt from the cap including petitions filed for current H-1B workers who have been counted previously against the cap and who still retain their cap number, as well as H-1B petitions for extensions, change in terms of employment, change-of-employer, and concurrent employment. To receive future updates about the H-1B program, USCIS encourages applicants to subscribe to the H-1B Cap Season email updates on the H-1B Fiscal Year (FY) 2020 Cap Season page.
UPDATE APRIL 12, 2019: On April 10, after USCIS selected enough H-1B petitions to meet the congressionally-mandated regular cap, USCIS determined that the agency had received enough petitions projected as sufficient to meet the 20,000 US advanced degree exemption master’s cap. In total, USCIS received 201,011 H-1B petitions during the filing period beginning April 1, including master’s cap cases. The agency additionally notes that in accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted for all beneficiaries, including master’s cap cases, and afterwards from the remaining eligible petitions selected a number projected to reach the advanced degree exemption.
H-1B Blood, Sweat, and Tears
H-1B cap season is tough (as our previous Friday Photos over the years have shown). This week the firm pushed to put the final touches on all our cap petitions that will be filed starting April 1.
In preparation for sending out our H-1Bs, Gaby got into a bloody fight with our REG CAP stamp, Liz broke a sweat from running around to check in with our paralegals, and Carolyn bid some petitions a tearful goodbye. Nothing says a labor of love like some blood, sweat, and tears!
USCIS: Fiscal Year (FY) 2020 H-1B Cap Season To Begin April 1, 2019
Today, USCIS officially announced April 1, 2019 as the start date of FY 2020 H-1B cap season. USCIS also explained changes to the H-1B application process itself, including how premium processing will work, the agency’s new H-1B data hub, and an update to the order in which cap cases are selected.
Premium Processing
Rather than fully suspending the premium processing requests, the agency has decided to offer it in two phases: first to FY 2020 cap-subject H-1B petitions requesting a change of status, and then secondly to all other FY 2020 cap-subject petitions. Premium processing for the first phase will commence on May 20, 2019.
Applicants wishing to use premium processing for their H-1B petitions requesting a change of status may concurrently file Form I-907 with the H-1B petition on April 1. These petitions will not be processed by USCIS until after all data entry on cap cases has been completed, around May 20, 2019. Petitioners may also convert cases filed as a change of status and picked in the H-1B lottery to premium processing after May 20, 2019 if they prefer. The rest of the FY 2020 cap-subject H-1B petitions will likely be able to upgrade to premium processing in June 2019.
H-1B Data Hub
The new H-1B Employer Data Hub — available on April 1st — will allow the public to search for H-1B petitioners by fiscal year, NAICS industry code, company, name, city, state, or zip code. The hub is meant to allow members of the public to calculate approval and denial rates as well as review which employers are using the H-1B program, therefore increasing transparency between the agency and the public.
Selection Process
As previously noted, the Department of Homeland Security has reversed the order in which USCIS will select petitions. The purpose of the reversal is to increase the chances that more advanced degree H-1B petitions will be selected in any lottery.