H-1B

Federal Immigration Agencies Issue Regulatory Agendas

The United States Departments of Homeland Security, Labor, and State have released new regulatory agendas which include priorities and rulemaking timelines for each agency. All the agendas have been published in the Federal Register, except the State Department’s, which may soon be published in the Federal Register but is currently available on the Federal Office of Management and Budget’s website.

USCIS Extends Accommodations for F-1 Optional Practical Training

United States Citizenship and Immigration Services (USCIS) has extended its flexibility for students requesting Optional Practical Training (OPT) to accommodate for delays in the application process. The flexible policy originally applied to Forms I-765, Application for Employment Authorization filed through May 1, 2021, and has been extended to applications filed through October 31, 2021. The extension comes in response to growing delays in issuing receipt notices leading to shortened or lost OPT periods and rejections.

USCIS Conducts a Second Round Lottery Selection of H-1B Cap Visas for FY 2022

On July 28, 2021, United States Citizenship and Immigration Services (USCIS) conducted a second round H-1B lottery selection process for fiscal year (FY) 2022. The agency did not receive enough H-1B petitions during the initial filing period to meet the annual quota of 85,000 H-1B visas for FY 2022. Employers will have between August 2, 2021 and November 3, 2021 to file petitions for recently selected H-1B beneficiaries.

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