United States Citizenship and Immigration Services

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
News & Analysis as of

USCIS Has Completed Data Entry of FY 2017 H-1B Cap-Subject Petitions

On May 2, 2016, USCIS announced that it has completed data entry for all FY 2017 H-1B cap-subject petitions selected in this year’s lottery. H-1B cap-subject petitions that were not selected in the lottery are being returned....more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

USCIS Completes the H-1B Cap Lottery Selection Process and Data Entry for Fiscal Year 2017

U.S. Citizenship and Immigration Services (USCIS) announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in a computer-generated random lottery. Mintz Levin has...more

USCIS Finishes Data Entry of H-1B Cap Subject Petitions

On May 2, 2016, U.S. Citizenship & Immigration Services (USCIS) notified stakeholders and the public that it completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected by its random computer-generated...more

USCIS Has Completed Data Entry for FY 2017 Cap-Subject Petitions

Some cap-subject cases will be transferred to speed up processing. On May 2, United States Citizenship and Immigration Services (USCIS) announced that it has completed data entry of all FY 2017 H-1B cap-subject...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Adjudicating L-1A Functional Manager Petition Requires Consideration of Role Within the Wider Qualifying International...

The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more

Premium Processing of Cap-Subject H-1B Petitions Will Begin on May 12, 2016

The U.S. Citizenship and Immigration Services recently announced that premium processing of cap-subject H-1B petitions selected for fiscal year 2017 will begin on May 12, 2016. This means that, absent a request for evidence,...more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

DHS Increases Period of STEM Optional Practical Training to 24 months: Imposes Additional Requirements on Employers and F-1...

The U.S. government never gives without getting something in return, and the same is true with the new STEM 24-month, Optional Practical Training (OPT) Program. On March 11, the Department of Homeland Security (DHS) published...more

Alert: Premium Processing for FY 2017 H-1B Cap Petitions to Begin May 12

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S....more

USCIS Announces Date for Start of H-1B Cap Premium Processing

United States Citizenship and Immigration Services (USCIS) has announced that on May 12, 2016, it will it will begin the 15 calendar day processing timeline for cap-subject H-1B petitions requesting premium processing. USCIS...more

Department of State Releases May 2016 Visa Bulletin

A new geographic sector that includes El Salvador, Guatemala, and Honduras has been added. The US Department of State (DOS) has released its May 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

U.S. Citizenship And Immigration Services Issues Announcement About Using Form I-9: Continue To Use Existing Version Of Form For...

The U.S. Citizenship and Immigration Services (USCIS) has recently issued a formal announcement confirming that employers should continue to use the current version of the Form I-9, Employment Eligibility Verification Form,...more

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more

New STEM OPT Extension Rules: Critical Takeaways, Part 2

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The second post will focus on the expansion of the...more

New STEM OPT Extension Rules: Critical Takeaways, Part 1

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to...more

USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions,...more

USCIS Has Completed FY 2017 H-1B Cap Lottery

On April 7, 2016, USCIS announced that it had received enough H-1B petitions to reach the statutory cap of 65,000 visas for FY 2017. They also received more than the limit of 20,000 H-1B petitions filed under the advanced...more

Immigration Policy By Lottery? Another Year, Nothing Changes.

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of...more

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

USCIS Receives More Than 236,000 H-1B Cap Petitions and Completes Lottery Process

Seyfarth Synopsis: USCIS completes the lottery process and receives more than 236,000 H-1B cap petitions. On April 12, 2016, United States Citizenship and Immigration Services (USCIS) announced that it received more...more

USCIS Conducts H-1B Visa Lottery

On April 12, 2016, USCIS announced that it conducted the "H-1B lottery" and completed its selection process for petitions to meet the FY2017 H-1B cap. USCIS used a computer-generated random selection process to select...more

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