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H-1B Premium Processing is Further Suspended

Tiyalaw — Tue, 28 Aug 2018 22:54:37 +0000

H-1B Premium Processing is Further Suspended

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) is further suspending premium processing until February 19, 2019 for all H-1Bs Petitions filed with California and Vermont Service Centers except for the following:

1. Cap-exempt H-1B Petitions by cap-exempt employers filed with California Service Center.

2. H-1B Petitions without any change or amendment filed with Nebraska Service Center.

Previously, USCIS has been suspending H-1B premium processing for H-1B Cap Petitions only until September 10, 2018.

Outside of premium processing, USCIS may still consider expedite request on a discretionary and case-by-case basis.

Premium processing is filed via Form I-907 Request for Premium Processing Service for USCIS to adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or RFE, or denial within 15 days). With this temporarily suspension, there will be processing delay for many types of H-1B Petitions, and FY 2019 H-1B Cap Petitions or Visas that are fortunate enough to be selected in the H-1B lottery process.

For additional information, please visit: https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

August 28, 2018

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019

Tiyalaw — Wed, 16 May 2018 00:39:57 +0000

Immigration News & Processing: USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions. Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned. H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload. USCIS will issue notice regarding such a transfer. Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2019-h-1b-cap-subject-petitions

May 15, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Case-Status Inquiry and Immigration Processing Time for Pending Form I-129 Work Visas

Tiyalaw — Wed, 11 May 2016 08:50:40 +0000

Case-Status Inquiry and Immigration Processing Time for Pending Form I-129 Work Visas

On May 10, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that on April 21, 2016, it has begun accepting an inquiry from a petitioning employer who has filed a change-of-employer or extension of status for Form I-129, Petition for a Nonimmigrant Worker that has been pending for 210 days or more. A petitioner may submit an inquiry by calling USCIS National Customer Service Center (NCSC) at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833). A petitioner must provide NCSC with inquiry information such as the case number (as listed on the USCIS receipt notice) and that the case has been pending for 210 days or more.

USCIS reminds all customers with pending cases to notify USCIS of the address change by mail via form AR-11 or online at https://www.uscis.gov/addresschange; and additionally, to request an update of the address for any pending cases through NCSC or https://www.uscis.gov/addresschange.

Form I-129 applies to immigration petitions for work visas such as H-1B visa, H-2B visa, H-3 visa, L visa, O visa, P visa, Q visa, R visa, certain E-1 visa, certain E-2 visa, certain E-3 visa.

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

Tiyalaw — Sat, 30 Apr 2016 18:59:36 +0000

Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet its quota.

USCIS received over 236,000 H-1B Cap Petitions described above. USCIS had long completed its computer-generated random selection process (lottery system) which started on April 9, 2016.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit.

For some time now, USCIS has been issuing receipt notices for the above H-1B Cap Petitions filed under premium processing, regular processing, and U.S. advanced degree.

Normally, all USCIS receipt notices for selected H-1B Cap Petitions were being issued within several weeks of the lottery system (random selection process). H-1B Cap Petitions not selected in the lottery system were being returned in the summer.

On May 12, 2016, USCIS will begin premium processing H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days.

All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. Certain employers are cap exempt.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)

Tiyalaw — Mon, 04 Jun 2012 21:41:02 +0000

H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.

H-1B Annual Work Visa Cap

As of June 1, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 55,600 H-1B Regular Cap, and 18,700 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions may not be subjected to the annual visa cap.

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

June 4, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.