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.

The O-1 Visa: Top 10 Misconceptions

We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type .  - Protima

1. The O-1 is a “freelance” visa

There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.

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The Public Charge Rule: a Q&A

As part of every Green Card (immigrant visa) petition foreign nationals must demonstrate they will be able to support themselves and not become “public charges.” Additionally, every time foreign nationals seek admission to the US, they must demonstrate that will not become “public charges.” A “public charge” is someone the United States believes is primarily dependent on the federal government to subsist. On September 22, 2018, the Department of Homeland Security (DHS) released an advance copy of the Notice of Proposed Rulemaking (NPRM) related to the public charge ground of inadmissibility.

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The London Mastaba

The London Mastaba on Serpentine Lake in Hyde Park.

The London Mastaba on Serpentine Lake in Hyde Park.

The London Mastaba, the first major outdoor public work by the artist Christo in the UK, consists of 7,506 horizontally stacked, painted barrels on an anchored floating platform. The sculpture’s total weight is 600 metric tons, but it only takes up approximately 1% of the lake's total surface area. “It’s a dream come true,” Christo says in ArtNews about the piece. The London Mastaba, which took two years to produce, is entirely funded through the sale of Christo’s original art works. For those who can't make it to Hyde Park, The London Mastaba can also be experienced in virtual reality via the Acute Art app for free. Users of the app can look down on the sculpture from a bird’s eye view and see it at different times, including sunrise and sunset. For those who can make it in person, the sculpture is on view to September 23, 2018. Go see it while you can. It's magnificent.