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USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners. Due to the volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions.

“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com 

For more information on this news please read the attached file.

USCIS recently updated the following form(s):

USCIS has updated the Adjudicator’s Field Manual (AFM) (PDF, 224 KB) to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A) and their essential support personnel (P-1S). The P-1S classification is for “Essential Support Personnel” who are an integral part of the performance of a P-1 nonimmigrant, and who perform support services that cannot be readily performed by a U.S. worker.

USCIS and U.S.

“An out-of-status scenario, for the H-1B visa holder and his or her dependents (such as spouse and children) would mean a three-to-ten-year bar from re-entering the country. The mechanism to redress an H-1B denial (including that of a transfer) is also highly inefficient,” said Rajiv S Khanna, managing attorney at Immigration.com.

USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the website on March 8, 2019. USCIS will be removing the 12/23/16 version of Form I-539 from uscis.gov on March 8 but will be allowing for a two-week grace period, until close of business on March 21, for that version to be received by USCIS.

USCIS updated the following USCIS form:

Update to Form I-526, Immigrant Petition by Alien Entrepreneur; New Edition Dated 04/15/19.04/22/2019 12:00 AM EDT  For more information, please visit our Forms Updates page.

Starting June 1, USCIS is ending the Forms Request Line service that allows you to order forms by phone. This is part of our continuing effort to modernize the processes and promote  online products and services.

Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-2 classification, or a qualifying employer can file the petition on their behalf.