H-1B Visa News

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.

Reminder - Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

ALERT:  Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.

USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions

USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in the computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned.

USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.

Following Court Ruling, DeVos Orders Further Review of 2016 ACICS Petition

April 03, 2018

Washington

U.S. Secretary of Education Betsy DeVos today ordered further review of the 2016 petition for recognition by the Accrediting Council for Independent Colleges and Schools (ACICS). The review is a direct result of action by the U.S. District Court for the District of Columbia remanding the case to the Secretary.

“As the court ordered, we will fairly consider all of the facts presented and make an appropriate determination on ACICS’s petition,” said DeVos.