Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular cap petitions and those subject to the U.S. advanced degree exemption after determining it had received a sufficient number of petitions to meet the congressionally mandated quota for each category.

DOL Issues Guidance on H-1B Notice Requirements

The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of their intent to hire H-1B nonimmigrant workers. The bulletin places particular emphasis on compliance issues when third-party worksites are involved.

Initiate Petitions Now–H-1B Cap Filing Date Quickly Approaching

On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now have only a limited amount of time to identify and prepare petitions for employees who require new H-1B visas to work in the United States.

E-Verify Resumes Operations and Provides Instructions for Employers

On January 28, 2019, E-Verify resumed operations after being offline for more than a month due to the government shutdown. The program, which allows participating employers to electronically confirm the work eligibility of new hires, was temporarily suspended as a result of the government shutdown. During that time, employers were unable to access their E-Verify accounts and were unable to comply with the program’s regular deadlines, resulting in a backlog of matters that must now be processed.

H-2B Visas in High Demand for Fiscal Year 2019

On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or “cap” on the number of petitions for temporary nonagricultural workers “who may be issued H-2B visas or otherwise granted H-2B status” for the first half of fiscal year (FY) 2019, thus completing one of the briefest cap periods for the first half of the year in more than five years.

Pack Your Bags and Your Documents—Holiday Travel Tips for Foreign Nationals

The busy holiday travel season is upon us. With it comes the potential for longer processing times and altered holiday schedules at airports and U.S. consulates and embassies abroad. Foreign nationals who plan to travel internationally between now and the new year should prepare in advance to minimize travel hiccups, especially if they must attend a visa appointment while outside the United States.