United States Citizenship and Immigration Services H-1B

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 Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

USCIS will begin returning petitions not selected in the lottery. US Citizenship and Immigration Services (USCIS) announced on May 4 that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions...more

Immigration Update: EAD Eligibility for H-4 spouses

Effective on May 26, 2015, certain dependent spouses of H-1B workers will be eligible for employment authorization. Specifically, H-4 spouses will be eligible for this new benefit provided their H-1B nonimmigrant worker...more

Employment Law - April 2015 #2

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of...more

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

Immigration Update: USCIS completes H-1B Visa lottery

On April 13, 2015, USCIS conducted the computer-generated random selection process (aka “H-1B lottery”) and selected petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption....more

Stay on Order Affecting H-2B Program is Extended by One Month

On Wednesday, the Florida federal court in Perez v. Perez, No. 3:14-cv-682, extended the stay on its March 4, 2015 order vacating the U.S. Department of Labor’s (DOL) 2008 H-2B regulations order by one month through May 15,...more

H-1B Cap Premium Processing to Begin April 27

The USCIS has commenced issuing receipts for cap-subject H-1B petitions. On April 27, US Citizenship and Immigration Services (USCIS) will begin premium processing of cap-subject H-1B petitions that request premium...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal...more

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

USCIS Completes H-1B Cap Lottery for FY2016

As previously reported, on April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. ...more

2016 H1B Cap Reached - Alternatives to the H-1B Visa Category

On April 7, 2015, United States Citizenship & Immigration Services (USCIS) announced it received sufficient H-1B petitions to meet the Master's and regular H-1B quotas (or "caps") for Fiscal Year 2016, which begins on October...more

Immigration Update: USCIS hits H-1B Cap for FY2016

On April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2016. USCIS has also received more than the limit...more

H-1B visa cap update

On April 13, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it received approximately 233,000 H-1B petitions during the filing period between April 1st and April 7th, including petitions filed for the...more

USCIS Receives 233,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2015

U.S. Citizenship and Immigration Services (USCIS) announced on April 13, 2015, that 233,000 cap subject H-1B petitions were received between April 1 and April 7. That’s 60,500 more petitions filed this year than during the...more

USCIS Completes the H-1B Cap Lottery Selection Process for Fiscal Year 2016

As previously noted, US Citizenship and Immigration Services (USCIS) announced on April 7, 2015, that it had received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS also...more

Alert: USCIS Conducts Random H-1B Lottery for FY 2016

Today, after receiving nearly 233,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) to select the H-1B petitions...more

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

USCIS Receives Record Number of H-1B Work Visa Requests

On April 13, 2015, U.S. Citizenship and Immigration Service (USCIS) released the H-1B “cap” count, indicating that during the filing period it had received nearly 233,000 petitions for H-1B work visas. This means that U.S....more

AAO Requires Amended H-1B Petition for Change in Work Location When New LCA Necessary

On April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published decision in the Matter of...more

Employers’ Demand for H-1B Visas Quickly Exceeds USCIS Cap . . . Again

As in recent years, the strong demand for H-1B visas for scientists, engineers, computer programmers, and other foreign workers in so-called “specialty occupations” again led employers in the United States to file petitions...more

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