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Green and Spiegel U.S. Blog

Sep 17, 2021

Update on the H-1B Cap Lottery System

On Wednesday, a California federal judge struck down a controversial Trump-era rule which aimed to change the H1-B lottery system from the current random selection process to one based upon prioritizing those with higher salaries. U.S. District Judge Jeffrey White joined a growing list of federal judges who have found that former Acting Secretary of Homeland Security Chad Wolf was not lawfully appointed as Acting Secretary, and therefore lacked any authority to implement the new January 2021 rule. Learn more in this blog.

Aug 2, 2021

Update on H-1B Cap Section for FY 2022

US Citizenship and Immigration Services (USCIS) announced on July 29, 2021 that it conducted a second round of H-1B registration selections for the Fiscal Year 2022 H-1B Cap. Registrations selected through this lottery will be eligible for H-1B petitions to be filed on their behalf. USCIS also announced that the H-1B petition filing window for these selections is open from August 2, 2021 through November 3, 2021. Learn more.

Jun 17, 2021

USCIS Releases Figures for Fiscal Years 2021-2022 H-1B Cap Selections

In a reversal from USCIS’ usual opaqueness on the H-1B Cap Process, the Service recently offered insights into exactly how many H-1B Cap Registrations have been selected since the new filing system went into effect in March 2020. Learn more in this blog.

Jan 8, 2021

Final Rule Signals Major Change in H-1B Selection Process

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

Trump Administration Proposes Major Change in H-1B Selection Process

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

ALERT: First Phase of Fiscal Year 2021 H-1B Cap Selection Complete

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

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.

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 31, 2019

UPDATE: DHS Publishes Final Rule for H-1B Cap Lottery

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.