USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, also known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Stay tuned for additional updates regarding the FY18 cap lottery selection.

Please contact an attorney with Mintz Levin’s Immigration Practice to discuss any questions you may have about H-1B sponsorship or alternatives to the H-1B visa.

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa lottery process.

The first lawsuit was filed by two immigration organizations – American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) – who “teamed up” to file a lawsuit requesting information about the lottery process.

The second lawsuit is a class action filed on behalf of two companies and their employees. This lawsuit claims that the H-1B lottery process is illegal because the language of the statute does not allow for a lottery. Continue Reading Lawsuits Question Procedure and Substance of H-1B Lottery

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016.   The fines and penalties cover Form I-9 paperwork violations, the unlawful employment of immigrant workers, certain temporary work visa programs, and immigration-related discrimination in hiring and employment. While these fines come into effect on August 1, they will be used for violations that occurred after November 2, 2015, the day the bill was signed into law.

Continue Reading Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year. In our fifth post we will discuss executive action on the Department of State’s visa bulletin and the related controversy and lawsuit. 

Visa Bulletin Changes: USCIS Gets Involved

In October 2015, the Department of State (DOS) unveiled a significant change to its visa bulletin. The monthly bulletin outlining immigrant visa availability issued by the State Department has two charts: one showing cutoff dates that govern when visas can be issued, and a new chart containing cutoff dates for when applications can be filed. In addition, USCIS now provides information on its website regarding the eligibility of applicants to file applications for adjustment of status US permanent residency, and it cross-references the DOS charts. Continue Reading A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (USCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to revoke the petition prior to revocation (Mantena v. Johnson, Docket No. 14-2476-cv, (2nd Cir., Dec. 30, 2015)).  Continue Reading 2nd Circuit Court Requires I-140 Revocation Notice: Analysis

This is part 2 of our analysis of the proposed rule published by DHS on December 30, 2015, addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.

Proposed Rule Focus: Nonimmigrant Visas and EADs

In the previous post we focused on the potential benefits and consolidation of current policy for individuals already in the permanent residency process. This post will focus on the proposed policies for nonimmigrant visa holders who are not currently sponsored for an immigrant visa and employment authorization document changes. Many of the details in the proposed rule are currently executed under individual memos or practice. This rule addresses several of individually small issues, but taken together is intended to constitute an overall policy of increased flexibility and fairness in the U.S. job market for immigrant and nonimmigrant workers. Continue Reading DHS Proposes New Rule for Increased Job Flexibility: Part 2

USCIS announced today that it will:

“suspend final adjudication of employment-based Form I-485 applications… because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.”

However, this is not something to panic about.

As my colleague Michele Frangella wrote about in August, the end of the government’s fiscal year is September 30th. As of today, all available employment-based green cards have been used up so there are no more green card numbers for USCIS to access to approve cases for the next 6 days.  Once the new fiscal year starts on October 1st, they will again have green card numbers officially available. It doesn’t impact eligibility to continue to file I-485 applications based on Visa Bulletin guidance, including those cases newly eligible to file October 1st.