On April 1, 2024, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2025 (“FY25”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2025 as of the first of April and have been given until June 30 to file their petition with the service either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
Read moreH-1B Domestic Renewal Pilot Program
The Department of State (“DOS”) has updated details on the long-awaited domestic visa renewal pilot program for H-1B renewal applicants. The program officially launched on January 29, 2024, and allows applicants who received an H-1B visa from a US embassy or consulate in Canada or India during a specific timeframe to renew H-1B visas without traveling to U.S. consulates abroad. A maximum of 20,000 applications will be accepted until April 1, 2024, or when all slots are filled.
Read moreUSCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024
US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024. This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.
Read moreDHS Publishes Proposed Rule to Modernize H-1B Program
On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.
The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.
Read moreUS Expected to Announce Measures to Ease Visas for Skilled Indian Workers
According to a Reuter’s exclusive report the Biden administration is preparing to “facilitate the residence and employment of Indians in the country” by announcing new regulation that will permit “a select group of Indian and other foreign workers on H-1B visas…to renew their visas within the United States, eliminating the need to travel abroad.” The report reaffirms our previously reported news from The Department of State’s (“DOS”) February announcement introducing the prospect of launching a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad.
Read moreUSCIS Completes Electronic Registration for FY2024 H-B Cap
On March 27, 2023, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for the fiscal year 2024 (“FY24”) H-1B cap, including the advanced degree exemption (master’s cap). Consequently, the Service has notified all prospective petitioners whose registrations were randomly selected that they are eligible to file cap-subject H-1B petitions for the named beneficiary in the selected registration.
Read moreThe H-1B Visa Lottery Remains in High Demand, Despite Tech Layoffs
As employers began to register for the Fiscal Year 2024 H-1B cap on March 1, 2023, it is reported that the demand by US employers for high-skilled foreign workers on temporary work visas is expected to reach a new high for the third year in a row. At the same time eligible applicants register for the visa lottery, some current H-1B visa holders in the IT industry are faced with the prospect of having to leave the homes they have created in the US after losing their jobs.
Read morePilot Program for H and L Visa Renewal in the US Announced
Keeping in line with its efforts to improve visa processing backlogs at the consulates and embassies around the world, the Department of State (“DOS”) announced a plan to launch a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad. In an interview with Bloomberg Law, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, shared the news of the program that should be initiated later this year.
In 2004, the DOS discontinued domestic visa reissuance service for certain nonimmigrant visas in the United States. Restarting the program by permitting certain H and L visa holders to revalidate their visas domestically, rather than having to travel internationally to renew their visas, is the latest means DOS is planning to take to alleviate the visa application backlogs that developed at consulates as a result of the COVID-19 pandemic. We will keep you updated as more details surrounding the launch of the pilot program become available.
It’s Time for the H-1B Cap Lottery Again!
US Citizenship & Immigration Services (“USCIS”) just announced that the initial registration period for the fiscal year (“FY”) 2024 H-1B cap will begin at 12pm ET on March 1, 2023, and run through 12pm ET on March 17, 2023. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using their myUSCIS online account and pay the required $10 fee for each registration submitted on behalf of each beneficiary. Registrants will be able to create new accounts beginning at noon EST on February 21, 2023.
Read moreUSCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2023
US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2023 (“FY 2023”), which runs from October 1, 2022 to September 30, 2023. This applies to both the congressionally mandated 65,000 FY 2023 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS confirmed it has “completed sending non-selection notifications to registrants’ online accounts.”
USCIS will continue to accept and process H-1B petitions exempt from the cap including petitions filed for current H-1B workers who have been counted previously against the cap and who still retain their cap number, as well as H-1B petitions for extensions, change in terms of employment, change-of-employer, and concurrent employment. To receive future updates about the H-1B program, USCIS encourages applicants to subscribe to the H-1B Cap Season page.