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On Monday, DHS posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B […]

 USCIS announced last week that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. If the agency receives enough petitions by March 25, it will randomly select registrations and send […]

On Tuesday, the First Circuit found that searches of cellphones and other electronic devices at the U.S. border do not require a warrant or probable cause and can be used to search for contraband. The court ruled in favor of ICE and CBP, finding that the government’s security interests are at their peak when dealing with […]

President Joe Biden has frozen for 60 days last-minute rules from the Trump administration that would allow only higher-wage foreign workers to be employed in the U.S. Under a final rule issued Jan. 8 by the Homeland Security Department, only the highest-paid applicants to the H-1B visa program — which allows companies to temporarily employ […]

People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals should have access to their immigration files—called A-Files—within the timeframes outlined in the Freedom of Information Act (FOIA) statute. A-Files contain records of interactions […]

USCIS announced that, in response to the coronavirus pandemic, the agency is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain requests for evidence, continuations, notices of intent, and motions to reopen, among other things. In addition, USCIS will consider a Form I-290B or Form […]

The U.S. Department of State (DOS), which is responsible for all U.S. embassies and consulates, has provided an update on its plan for the phased resumption of routine visa service across the globe. While this provides the general plan on how it will go about restarting normal visa services, no timelines are provided. To the […]

 On Thursday, USCIS announced the final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. Modifying the H-1B cap selection process will incentivize employers to offer […]

Per USCIS: As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox. These delays will not affect the receipt date which […]

 On Tuesday, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485 based on refugee or asylee status. The updated criteria are within the parameters of USCIS’ regulatory authority to determine, on a case-by-case basis, whether an interview is necessary to determine the admissibility of an alien […]