Visa Lawyer Blog

Articles Posted in Employment Based Petitions

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Great news! Our office has begun to receive our first I-797 receipt notices in the mail for petitions that were filed with premium processing in the lottery. So far, our office has received four such receipt notices for individuals who filed under the advanced degree exemption. All four of these notices came from the California Service Center.

Over the next few weeks we expect to continue to receive receipt notices for individuals who filed under the regular bachelor’s cap. If you have not yet received a receipt notice, do not be discouraged, because it is still too early to tell if you have been selected in the lottery.

As we previously suggested, Petitioners should continue to monitor their bank accounts closely. If the filing fees are charged to the account, then that petition has been selected in the lottery.

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Exciting news H-1B FY 2020 Filers!

Yesterday USCIS announced that on April 10, 2019, the computer-generated lottery was conducted to select enough petitions to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2020.

In accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those that may have been eligible for the advanced degree exemption. USCIS then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions.

In total, USCIS has announced that the agency received 201,011 H-1B petitions during the filing period that began on April 1st, including petitions filed for the advanced degree exemption.

On April 5th, USCIS announced that the agency had received enough petitions to reach the regular cap of 65,000 visas.

What happens next?

Our office will begin to receive the receipt notices for petitions that were selected in the lottery within the coming weeks. Petitioners should keep a close eye on their bank accounts to see whether USCIS has charged the filing fees to the account. If the fees were charged, then your petition was selected in the lottery.

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On April 5, 2019, USCIS announced that it received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap for fiscal year 2020.

As expected, the Regular cap (Bachelor’s cap) was reached within the first five business days of the FY 2020 application cycle.

USCIS still has not announced whether it has received a sufficient number of petitions to meet the 20,000 H-1B visa cap for the U.S. advanced degree exemption (Master’s cap).

USCIS has also not yet announced whether the H-1B lottery has been conducted. Last year, USCIS made the announcement on April 12th.

During the next few weeks Petitioners should keep a close eye on their bank accounts to see whether the H-1B filing fees have been charged to their accounts.

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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 be implemented for the H-1B cap selection process.

In January, the Department of Homeland Security announced a final rule amending regulations governing cap-subject H-1B petitions, including those that may be eligible for the advanced degree exemption.

The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, which will be in effect for the FY 2020 cap season.

USCIS will first select H-1B petitions submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption.

Premium Processing Available for COS Cap Subject H-1B Petitions Only

Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

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It is an exciting and busy time at the Sapochnick Law Firm! Our Firm is gearing up for the long awaited H-1B season to kick off on Monday, April 1, 2019.

To help you put your best foot forward, we are sharing the ultimate running checklist for H-1B- cap-subject petitions. Please remember that employers cannot file an H-1B petition for an employee more than 6 months before the employee’s intended start date of employment. If selected in the lottery, H-1B visa workers can begin employment on October 1st.

How long is the H-1B visa good for?

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As a reminder, we would like to inform our readers that USCIS has published a revised Form I-539 Application to Extend/Change Nonimmigrant Status. Beginning March 21, 2019, after close of business, USCIS will no longer accept Form I-539 with an edition date of 12/23/16 or earlier.

Applicants must send revised Form I-539 with edition date of 02/04/19. USCIS has also published a new I-539A Supplemental Information for Application to Extend/Change Nonimmigrant status, which replaces Supplement A of Form I-539.

Per the USCIS website:

We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 8, 2019. We will be removing the 12/23/16 version of Form I-539 from uscis.gov on March 8 but will be allowing for a two-week grace period, until close of business on March 21, for that version to be received by USCIS. Starting on March 22, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16, or earlier, that is received by USCIS after March 21.

We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 8. Form I-539A replaces the Supplement A provided in previous versions of Form I-539. Form I-539A can only be submitted with Form I-539; it cannot be filed as a standalone form.

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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 of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019 and will notify the public before premium processing begins for these petitions.

If a petitioner does not file Form I-907 concurrently with an FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.

All Other FY 2020 Cap-Subject Petitions

Premium processing services for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 19, 2019. Cap-subject petitioners who are not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition. These petitioners will be eligible to upgrade to premium processing once premium processing begins for this group. USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status. Continue reading

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Good news for H-1B FY 2020 applicants requesting a change of status. Premium processing services will be offered for applicants filing an H-1B petition in the April 2019 lottery who are requesting a change of status.

Premium processing will be offered in a two-phased approach during the FY 2020 cap season, so that USCIS does not end up having to suspend the use of this service as it has in previous years.

The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.

What should you know?

Starting April 1, H-1B FY 2020 cap-subject petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.

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On February 22, 2019, USCIS announced it has received enough petitions to meet the congressionally mandated H-2B cap for temporary nonagricultural workers, for the second half of FY2019. February 19, 2019 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before October 1, 2019.

On Feb. 21, USCIS conducted a lottery to randomly select from H-2B petitions received on Feb. 19. As a result, USCIS assigned all petitions selected in the lottery the receipt date of Feb. 22. Premium processing service for petitions selected in the lottery began on Feb.22.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

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The Trump administration is making another bold move, this time the target is H-4 dependent spouses of H-1B nonimmigrant workers seeking permanent residence.

The Department of Homeland Security has published a notice of proposing rule-making (NRPM) to rescind an Obama era rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B workers seeking permanent residence.

We are awaiting publication of the proposed rule in the federal register. At this time, the regulation has preliminarily appeared on the government website reginfo.gov.

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