Blog — Nadia Yakoob & Associates

USCIS Announces Final Changes to Annual H-1B Visa Lottery

USCIS confirmed this morning through publication of a final rule that it would change the order in which it runs the annual H-1B visa lottery to maximize selection of candidates with US Master's degrees.

H-1B, USCIS, NonimmigrantNadia YakoobJanuary 30, 2019USCIS, H-1B Visa lottery, H-1B, H-1B CAP, H-1B news

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.

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.

Nonimmigrant, H-1BNadia YakoobDecember 27, 2018H-4, H-4 EAD, immigration law, H-1B

USCIS Proposes Changes to Annual H-1B Visa Lottery

U.S. Citizenship and Immigration Services (USCIS) has just proposed two major changes to the H-1B visa lottery process, which takes place each year during the first week of April.

H-1B, Nonimmigrant, USCISNadia YakoobNovember 30, 2018H-1B CAP, international students, H-1B petition, USCIS, H-1B Visa lottery

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

USCIS announced today that it will temporarily suspend premium processing for most H-1B petitions filed at the Vermont and California Service Centers beginning September 11, 2018. USCIS expects that the suspension will last until February 19, 2019.

NFAP Report Confirms Significant Increase in H-1B RFE and L-1 Denial Rates

A recent report by the National Foundation for American Policy (NFAP) confirms that the USCIS has exponentially increased the number of requests for evidence (“RFE”) it has issued for H-1B petitions and denials of L-1 petitions this past year as a result of the Trump administration’s “Buy American, Hire American” Executive Order. Notably, for H-1B petitions, the RFE rate jumped from 17.3% in Q1 (under the Obama administration) to 69% in Q4 2017.

H-1B, NonimmigrantNadia YakoobAugust 6, 2018rfe, denial, immigration, BAHA, buy american hire american, h-1b, L-1, nfap

USCIS Reaches H-1B Cap for Fiscal Year 2019

On April 6, 2018, USCIS announced it had reached the 65,000 H-1B visa cap and the 20,000 visa U.S. advanced degree exemption cap (the “Master’s cap”) for fiscal year 2019.

USCIS has not specified yet how many H-1B cap-subject petitions it received this year.

H-1B, USCISNadia YakoobApril 9, 2018immigration, H-1B, USCIS, H-1B CAP, legal, visa, immigrant, status

USCIS Suspends Premium Processing for H-1B Cap Cases

USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions effective April 2, 2018. This suspension is expected to last until Sept. 10, 2018. USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap, such as extensions and change of employer petitions.

USCIS, H-1BNadia YakoobMarch 21, 2018USCIS, immigration, immigrant, premium processing, H-1B CAP, H-1B, law firm, visa, green card, nonimmigrant, petition