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Articles Posted in Technology Workers

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USCIS Begins Accepting H-1B Petitions subject to the FY 2020 Cap

Today, USCIS will begin accepting H-1B petitions subject to the FY 2020 cap. Any FY 2020 cap-subject H-1B petitions filed before April 1st will be rejected. Beginning today, 65,000 H-1B visas will be available for the regular cap, and 20,000 H-1B visas for advanced degree holders. Selection Important changes will…

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Start of FY 2020 H-1B Cap Season

The start of the FY 2020 H-1B cap season begins on April 1, 2019. This year, USCIS will offer premium processing services in a two-phased approach to avoid temporary suspension of the service. Change of Status H-1B Cap Petitions Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change…

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Proposed Rule: Mandatory Registration Requirement for H-1B Petitioners

Today, November 30, 2018, the United States Department of Homeland Security announced a notice of proposed rulemaking (NPRM) that seeks to impose a registration requirement for H-1B petitioners seeking to file an H-1B petition on behalf of beneficiaries under the regular cap and advanced degree exemption.  An unpublished version of…

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Reminder for F-1 Students in “Cap-Gap” Status

If you are an F-1 student with an H-1B petition that remains pending with the United States Citizenship and Immigration Services (USCIS), and your “cap-gap” employment authorization is only valid through September 30, 2018, you may risk accruing unlawful presence if you continue to work on or after October 1,…

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USCIS Extends Temporary Suspension of Premium Processing to February 19, 2019

During March of this year, the United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing services for all fiscal year 2019 cap-subject petitions, including petitions requesting an exemption from the general cap. USCIS announced that the suspension would last until September 10, 2018, in order…

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This Week in Immigration News: Return of Unselected H-1B Petitions, Delay in Implementation of NTA Policy, and I-751 Petition Transfers

Return of Unselected H-1B Petitions H-1B cap-subject petitions that were not selected in the fiscal year 2019 visa lottery have been returned to unlucky applicants. If you filed a petition between April 2 and April 6 and you did not receive a receipt notice for your application, you will be…

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USCIS Data Signals Dramatic Increase in H-1B Visa Denials, Report Finds

A new report by the National Foundation for American Policy (NFAP) released this month indicates that the number of H-1B denials and Requests for Evidence (RFEs) increased significantly during the fourth quarter of 2017 which began on July 1, 2017, following the implementation of Presidential Executive Order “Buy American, Hire…

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Plan B: Alternatives to the H-1B Visa

What are some alternatives to the H-1B visa? So, you’ve applied for the H-1B visa, and by now you are well aware that the cap has been reached. You may be wondering what you will do if you are not selected in the lottery. Have no fear, we have you…

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H-1B Blunders: USCIS Announces Suspension of Premium Processing for FY 2019 H-1B Cap Subject Petitions, A Word of Warning

In what seems like déjà vu, today, March 20, 2018 the United States Citizenship and Immigration Services (USCIS) formally announced that the agency will be temporarily suspending premium processing service for all fiscal year 2019 cap-subject petitions, including petitions that seek an exemption for individuals who possess a U.S. master’s…

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International Entrepreneur Rule Wins Big In Court: Judge Overturns Delay of the Rule

On Friday December 1st, a federal judge for the U.S. District Court for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, in favor of the National Venture Capital Association, an association that brought the lawsuit to challenge the government’s…

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