Posts in H-1B
USCIS Proposes Employer Registration Fee for Next Year’s H-1B Visa Lottery

USCIS’s fee proposal for employers to complete the online registration process for next year’s H-1B visa lottery has been approved by the Office of Management and Budget (“OMB”). The amount of the fee, which would be paid in addition to the filing, training, and anti-fraud fees for each H-1B petition, has not yet been announced. Publication of the proposed rule in the Federal Register is anticipated in the coming days.

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Premium Processing Will Be Available in “Two Phases” for H-1B Petitions Filed in the Upcoming Lottery

USCIS announced today that premium processing will be offered in a “two-phased approach” for H-1B petitions filed in this year’s lottery.  In the first phase, which will begin on April 1, 2019, USCIS will accept requests for premium processing for H-1B petitions filed with a request to change status.  In the second phase, which is expected to begin in June, USCIS will accept requests for premium processing for H-1B petitions that were filed with a request for consular notification.

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Premium Processing Becomes Available for Pending H-1B Cap Cases

USCIS announced today that premium processing will become available for pending H-1B cap cases as of Monday, January 28, 2019.  Employers who have received requests for evidence (RFEs) for pending H-1B cap petitions should include their RFE reply with their request for premium processing.

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Litigation over H-4 EAD Resumes

Recent third party intervention has ensured that litigation over the H-4 EAD will move forward.  Immigration Voice, a group representing high-skilled foreign nationals, filed a Motion to Intervene with the federal court where the case has been pending (“held in abeyance”) since March 2017 due to government delay.  That motion was granted on December 17, 2018, and the Court has ordered the case to move forward. Opening briefs are due in January 2019.


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