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Category: H-1B Visas

3rd 2022 H1B Lottery Selection

USCIS recently determined the need to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, USCIS selected additional registrations from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and

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Court Rules in Favor of L-2 and H-4 EAD

On September 23, 2021, Plaintiffs filed a putative class action alleging, pursuant to the Administrative Procedure Act (“APA”), that USCIS unlawfully withholds employment authorization incident to status to L-2 Plaintiffs. The suit also alleged that USCIS unlawfully withholds automatic extensions of employment authorization for H-4 Plaintiffs. The court’s decision issued on November 10, 2021, states the following: H-4 Nonimmigrants Receive

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USCIS Conducts 2nd H1B Lottery

The Filing Window for Registrations Selected in the 2nd H1B Lottery ends Nov 3 USCIS recently determined that  additional registrations we needed to reach the FY 2022 numerical allocations. On July 28, USCIS selected previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on July 28 will begin on Aug. 2 and

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Foreign students not selected in H1B cap lottery still have options

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do? Fortunately, there are still many

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The FY 2022 H1B Cap

The FY 2022 H1B Cap Has Been Reached USCIS has received enough electronic registrations during the initial FY 2022 H1B Cap registration period to reach the FY 2022 H1B Cap numerical allocations including the master’s  cap exemption. USCIS randomly selected from among the registrations properly submitted to reach the cap and has  notified all prospective petitioners with selected registrations that

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The FY 2022 H1B Cap Registration Period Has Ended!

The 2022 H1B Cap Registration Period Has Ended! USCIS will conduct computer-generated random selection, aka Lottery, to select regular quota filing registrants, then the master’s quota filing registrants. USCIS will notify employers by March 31 and let them know whether their petitions have been selected in the Lottery. If chosen, employers will have up to 90 days to file an

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Biden delays rule raising mandatory wages for H-1B workers

The Biden administration has delayed a controversial Trump-era rule that would raise mandatory minimum wages for foreign workers with the H-1B visa. It was scheduled to go into effect on March 15, but implementation is now extended to May 14. The Trump administration offered a revised version of the rule in January after losing a court battle over its initial

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USCIS May Reopen H1B Petitions Denied Under Trump Administration

U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. 

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Employers Prepare For H-1B Season!

Employers Prepare! The FY 2022 H-1B Cap Registration Begins March 9, 2021 The H-1B visa is one of the most coveted non-immigrant visas due to foreign nationals’ ability to have dual intent (the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually). However, the U.S. has a cap

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EXPERT ASSISTANCE WITH THE NEW H-1B CAP PETITION REQUIREMENTS

On December 6, 2019, USCIS announced that employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS. USCIS Introduces its new Electronic Registration System Under this new process, employers seeking H-1B visa workers subject to the

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