New DHS Rule Narrows H-1B Eligibility Requirements and Imposes Other Limitations

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New DHS Rule Narrows H-1B Eligibility Requirements and Imposes Other Limitations

The Department of Homeland Security (“DHS”) has published a new rule that has the potential to significantly narrow the eligibility criteria for the H-1B work visa program. Unless it is blocked by litigation that is sure to follow shortly, the new rule will take effect in 60 days and it will apply to all H-1B petitions filed on or after the effective date, including new petitions, extensions, a request to change employers, and amendments.

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Congress Expands Premium Processing Program to Additional Application Categories

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Congress Expands Premium Processing Program to Additional Application Categories

As part of the year-end appropriations process, Congress passed legislation yesterday that will permanently expand the U.S. Citizenship and Immigration Services (USCIS) premium processing program, while also increasing program fees, and the legislation was signed into law by the president today.

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October 2020 Visa Bulletin Published; USCIS Will Use “Dates for Filing” Chart

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October 2020 Visa Bulletin Published; USCIS Will Use “Dates for Filing” Chart

After much anticipation, the US Department of State has published the Visa Bulletin for October 2020, which showed advancement in most employment-based categories.

Surprisingly, USCIS followed with an announcement that it will be using the “Dates for Filing” chart for accepting employment-based adjustment of status application filings in the month of October. Typically, USCIS uses the “Final Action Dates” chart for accepting adjustment of status application filings.

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New H-1B Rule Submitted for OMB Review

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New H-1B Rule Submitted for OMB Review

On Friday, Sept. 4, 2020, the Department of Homeland Security (DHS) submitted a new H-1B rule to the Office of Management and Budget (OMB) to be reviewed. OMB review is the final step of the agency rulemaking process that must be completed prior to a new rule being published.

The actual text of the rule is not yet available, but based on a description of the rule previously included in the agency’s regulatory agenda, the new H-1B rule is expected to modify the definition of an H-1B specialty occupation, as well as the definition of employment and the employer-employee relationship for H-1B purposes. Additionally, it is anticipated the rule will also impose new H-1B wage requirements.

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H-1B Cap Update: Second Round of H-1B Cap Numbers Released

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H-1B Cap Update: Second Round of H-1B Cap Numbers Released

Last week rumors of a second round of FY21 H-1B cap registration selections began circulating in the US immigration community. Ellis Porter is excited to report that these rumors have become reality and we started receiving new H-1B cap selection confirmations on Friday, August 14.

By way of background, by March 27, 2020, USCIS announced that it had received nearly 275,000 H-1B registrations for FY21 H-1B cap, and selected the first round of registrations. However, due to the COVID-19 pandemic, closure of borders, and several presidential proclamations, USCIS has received far fewer H-1B petitions than expected. As a result, USCIS will select additional registered cases.

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National Interest Exception Criteria Clarified by DOS

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National Interest Exception Criteria Clarified by DOS

On June 22, 2020, President Trump signed a Presidential Proclamation (P.P. 10052) which suspended the entry and issuance of nonimmigrant visas (NIV) for applicants applying an H-1B, H-2B, L-1, and certain J-1 visas.

The US Department of State (DOS) has now issued new guidance clarifying how applicants subject to the visa suspension may qualify for a National Interest Exception (NIE), specifically those applying for an H-1B or L-1 visa who will resume their work in the US in the same position, with the same employer, and visa classification.

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