Tag Archives: H-1B petitions

Premium Processing Reinstated for All H-1B Petitions

As of October 3, 2017, the U.S. Citizenship & Immigration Services (USCIS) has resumed premium processing service for all categories of H-1B petitions, including Changes of Employer, Extensions, and Amendments. As we reported in a recent Immigration Law Alert, premium processing was reinstated on September 18 for H-1B petitions filed as part of the Fiscal Year 2018 cap quota—which includes 65,000 regular H-1B filings and 20,000 additional petitions for candidates holding a U.S. Master’s degree—as well as for certain H-1B petitions filed on behalf of physicians under the “Conrad 30” waiver program and interested government agency waivers.

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Immigration Update: Travel Ban and Other News for Employers

The Immigration Law Group at Epstein Becker Green released a Special Immigration Alert that will be of interest to our readers.

Topics include:

  1. President Trump Issues Revised Executive Order on Travel
  2. USCIS Suspends Premium Processing for H-1B Petitions Starting April 3, 2017: All H-1B Petitions, Including H-1B Cap Petitions, Are Affected!
  3. Use of New Form I-9 Is Now Mandatory
  4. IRS Announces That Delinquent Taxpayers Face Revocation/Denial of U.S. Passports
  5. DHS Issues Two New Memos on Enforcement/Border Security
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Special Immigration Alert: New H-1B Nonimmigrant Visa Season Starts April 2, 2012

Remember that all new H-1B petitions must be filed on March 30, 2012, to ensure that they are counted toward the 2013 H-1B cap.

The annual H-1B season has arrived! The federal government is authorized by statute to approve only 65,000 new H-1B visas each fiscal year, plus an additional 20,000 H-1B visas set aside for applicants who have master’s degrees from accredited American universities. The federal government’s fiscal year begins on October 1, but the governing regulations permit employers to apply for new H-1B non-immigrant visas up to six months in advance. Hence, the filing date is March 30, 2012.

For the past three years, the H-1B cap has not been met on the first day. Prior to that, the government received substantially more H-1B petitions than the quota allowed and conducted a “lottery” to determine the cases selected. The format for this lottery has varied and has not been announced for this year. Generally, the U.S. Citizenship and Immigration Service (“USCIS”) logs new H-1B petitions according to the date on which they arrive. When the projected volume exceeds the quota, USCIS conducts a random lottery for all H-1B petitions properly filed on the date the quota was reached.

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