Immigration

New Game Plan for Cap H-1Bs: A New Registration Process

Many employers are aware that the H-1B visa sponsorship process will now begin with online registration with United States Citizenship and Immigration Services (USCIS) for cap-subject cases. The new system allows employers to only submit completed applications for beneficiaries that have been selected in the H-1B lottery, saving them time and money. However, once a beneficiary is selected, tight deadlines on petition submissions will cause problems for employers who leave everything to the last minute. It is more important than ever to work with a trusted attorney to determine your candidate’s eligibility before online registration begins.

Three Reasons to Evaluate your H-1B Employees before Online Registration

The new H-1B registration process under myUSCIS goes live on March 1, 2020. Instead of filing complete petitions for every prospective H-1B employee, employers will now register their H-1B beneficiaries online – and only file completed petitions for those employees selected in the lottery. This system relieves companies of spending precious time and money on preparing petitions that aren’t selected. However, once the lottery runs, employers have a brief 90 days to complete H-1B petitions for selected individuals.

We strongly recommend that businesses evaluate prospective H-1B employees in advance to avoid delays, fines, and missed opportunities. Below are three crucial reasons you should work with an attorney as soon as possible to evaluate your prospective H-1B’s qualifications.

USCIS to Implement Public Charge Rule Starting February 24, 2020

US Citizenship and Immigration Services (USCIS) announced that it will implement the “public charge” rule beginning February 24, 2020. This announcement came after the US Supreme Court stayed the injunction on the “public charge” rule, allowing it to take effect nationwide except in Illinois, where a state-specific injunction remains.

FINAL RULE ON B NON-IMMIGRANT VISA REGULATIONS

The Department of State (DOS) issued a final rule on January 24, 2020 amending the issuance of B nonimmigrant visas. Under the final rule, consular officers will deny B nonimmigrant visa applications under the assumption that a pregnant woman is seeking a visa for the purpose of giving birth in the US. 

The Scope of H-1B Changes for 2020

Most of the requirements for the H-1B visa are set by law, but the details do change occasionally. The government hosts an annual lottery because there is a statutory cap on the total number of new H-1B visas allowed every year, and recent demand outweighs supply. Recently, the US government announced that the lottery format is changing.

Arguing the Case that an Operations Research Analyst is a Specialty Occupation

U.S. Citizenship and Immigration Services (USCIS) data shows that since 2016, the overall issuance of Request for Evidence (RFE) notices by USCIS has increased significantly. One of the frequent issues raised in H-1B RFE notices relates to SOC code 15-2031 (Operations Research Analysts), as USCIS has been challenging the position being defined as a specialty occupation.

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