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Green and Spiegel - An Immigration Law Firm - United States

Green and Spiegel U.S. Blog

Aug 14, 2020

ALERT – USCIS COMMENCES SECOND ROUND OF H-1B LOTTERY SELECTIONS

Second round of selections underway for those Registrations still on file from March 2020. At this time it is unclear how many additional Registrations will be selected or for how long the second round will run. Selected Registrations will have 90 days to submit full Petitions requesting employment as early as October 1, 2020. Premium Processing available at this time.

Jun 25, 2020

UPDATE: Canadians, Bermudians, and All Current Visa Holders Exempt from Latest Executive Order

Quick Takeaways: • Changes now in effect. • Canadians and Bermudians excluded from Executive Order by virtue of being visa exempt. • All foreign nationals with presently valid H-1B, H-2B, J-1, and L-1 Visa holders also excluded, even if they have not entered the United States as of June 24. • Other questions still remain.

Jun 23, 2020

UPDATE: White House Suspends Issuance of H-1B, L-1, J-1, and H-2B Visas for Remainder of 2020

Quick Takeaways: -Changes go into effect 12:01AM EST on June 24, 2020 and unless lifted or enjoined will remain in place through at least December 31, 2020. -Suspends admission of H-1B, H-2B, L-1, and certain J-1 nonimmigrants and their dependents who are outside the United States and who do not have valid visas or other valid travel document as of the effective date. -Also extends existing suspension of immigrant visa issuance through December 31, 2020, subject to previously announced exceptions. -Individuals seeking a change to one of the affected statuses within the United States or who have a valid visa are not covered by the Executive Order are able to continuing processing. -Does not include Lawful Permanent Residents,spouses/children of U.S. Citizens, essential workers in food supply chain, and other individuals whose admission would be in the “national interest.” -Other nonimmigrant workers (E-3, TN, H-1B1, O, P, etc.) are not included. -Many questions remain with respect to interpretation and implementation.

Jun 21, 2020

ALERT: White House Expected to Imminently Issue Executive Order Affecting H-1B, L-1, J-1, and H-2B Visas

Proposed suspension of issuing H-1B, L-1, J-1, and H-2B Visas for the remainder of 2020. Would not impact individuals within the United States, unclear how it will impact those who already have these visas. Broad exceptions for foreign nationals whose admission would be in the national interest. Will update after reviewing the signed Executive Order.

Apr 1, 2020

Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation”

A Rhode Island restaurant group challenged a USCIS denial and won H-1B “specialty occupation” status for its General Operations Manager, an Indian national, in federal court. Learn more in this press release.

Mar 18, 2020

Premium Processing Suspended for FY2021 H-1B Cap

H-1B Premium Processing will not be available when filing period opens April 1, 2020. It should be available for Petitions requesting a change of status from F-1 to H-1B no later than May 27, 2020, and for all others no sooner than June 29, 2020. For now, suspension only applies to FY2021 H-1B Cap Petitions. Unclear how COVID-19 will affect Premium Processing availability more generally. Learn more in this blog.

Jun 10, 2019

Premium Processing Now Available for All FY2020 H-1B Cap Petitions

Beginning June 10, 2019, USCIS will accept Premium Processing for all Petitions selected in this year’s H-1B Cap Lottery. Learn more in this blog.

Apr 9, 2019

Fiscal Year 2020 H-1B Regular Cap Reached

On Friday, April 5, 2019, USCIS announced that it once again reached the limit for H-1B Petitions submitted under the Fiscal Year 2020 Regular Cap, and which arrived at the Service between April 1 - 5, 2019. Learn more in this article.

Mar 12, 2019

H-1B Premium Processing Is Back

Effective March 12, 2019, USCIS will resume accepting Premium Processing for all H-1B Petitions. Learn more in this blog.

Jan 17, 2019

UPDATE: New H-1B Cap Regulations Making Progress

Late last week, USCIS took another step towards revamping the H-1B Cap Lottery. As we reviewed in December, the agency proposed a rule that would create an online pre-registration system and reverse the order of Cap selections. Following the end of its comment period in early January, USCIS has now forwarded the proposed rule to the Office of Management and Budget, and intends to review and respond to public comments in the coming weeks.

Dec 5, 2018

A Potential H-1B Sea Change: DHS’ Proposed H-1B Electronic Registration System

On December 3, 2018, the Department of Homeland Security (“DHS”) published a proposed rule that, if adopted, will fundamentally alter the H-1B Cap process, replacing the current lottery with an electronic registration system that has the potential to save time, money, and headaches for all H-1B stakeholders.

Jul 25, 2018

Analysis: USCIS Issues Two Policy Memoranda that Could be Significantly Detrimental to Business Immigration

On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum in PM-602-0050.1 regarding when the agency will issu...

May 17, 2018

USCIS Completes Data Entry for H-1B Cap

On May 15, 2018, approximately one-month after completing its selections, USCIS announced that it has finished its data entry for all H-1B Cap Peti...

May 11, 2018

Reminder: USCIS Still Denying Advance Parole Applications

As a reminder to our clients, USCIS is continuing to deny pending Advance Parole (AP) applications (Form I-131) for applicants who travel abroad be...

Apr 13, 2018

H-1B Cap Selection Process Completed

On April 11, 2018, USCIS announced that it completed the randomized selection of Petitions submitted for the Fiscal Year 2019 H-1B Cap. USCIS repor...

Apr 10, 2018

Fiscal Year 2019 H-1B Cap Reached

On Friday, April 6, 2018, USCIS announced that it once again reached the limit for H-1B Petitions submitted for the Fiscal Year 2019 Regular and Ma...

Nov 16, 2017

New Legislation Targets H-1B Dependent Employers

On November 15, 2017, the House Judiciary Committee approved H.R. 170, better known as the Protect and Grow American Jobs Act, clearing the way for...