Jan 8, 2021
In November 2020, we reported on the Trump administration’s Notice of Proposed Rule Making, announcing a major change in the process for filing cap subject H-1B petitions. The new proposed selection process prioritizes registrations based on wage level, thus giving priority to those registrations by employers who are paying the highest prevailing wages. Following the mandatory notice and comment period, the government has announced that the final rule will go into effect, without modification, on Friday, January 8, 2021.
Oct 30, 2020
The Trump Administration has announced a major change in the process for filing cap subject H-1B petitions. The proposed rule would replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B Cap-subject petitions with a system that prioritizes the selection of H-1B registrations by first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. Learn more in this blog.
Mar 27, 2020
The selection process for Fiscal Year 2021 H-1B Cap is completed. USCIS will alert selected Registrations no later than March 31, 2020. A 90-day filing period will commence April 1, 2020. Unselected Registrations will remain on file until the FY 2021 H-1B Cap has been reached. Learn more in this blog.
Mar 18, 2020
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
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.
Mar 12, 2019
Effective March 12, 2019, USCIS will resume accepting Premium Processing for all H-1B Petitions. Learn more in this blog.
Jan 31, 2019
Though the government just re-opened a few days ago, the Department of Homeland Security (“DHS”) has been working through the shutdown to finalize its proposed rule that would fundamentally alter the H-1B Cap Lottery. Today, DHS announced it has published the Final Rule for public inspection, and that it is set to take partial effect on April 1, 2019. Learn more on our blog.