News Updates

Too Many Cooks in the Kitchen? Tips to Successfully Manage the Corporate Immigration Process

08:07 02 October in LAC Blog

It is not uncommon for our clients to reach out to us and ask for guidance on how best to internally manage the immigration process for its foreign national employees. Some of our clients are just venturing down this path for the first time and others are struggling to manage the internal demands of a growing immigration need within their companies. As a result, we thought it might be helpful to provide some general guidance on the challenges and the best practices we see on daily basis from the interaction with our clients which range in size from small startups...

Major Change for F, M and J nonimmigrants: USCIS Changing Policy on Accrual of Unlawful Presence

17:47 16 May in News Updates

Effective August 9, 2018, USCIS will change the way it calculates unlawful presence for individuals in the U.S. as F-1 students, J-1 exchange visitors, and M-1 vocational students and their families. Who Does This Impact? F-1 International Students M-1 Vocational Students J-1 Exchange Visitors in all categories, from au pairs to post-doctoral research scholars F-2, M-2 and J-2 dependent spouses and children 18 to 21 years of age.   Dependents may accrue unlawful presence based on the principal’s violation of status, or their own violation. Current Policy The above visa classifications are generally admitted for “Duration of Status.”  That is, the I-94 admission document...

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

22:38 15 May in News Updates

USCIS issued the following Press Release: May 15, 2018-  "USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our 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 will issue an announcement once all the unselected petitions have been returned. Additionally, USCIS may transfer...

USCIS Completes the H-1B Cap Random Selection Process for FY2019 – Notifications to Begin

21:14 12 April in News Updates

  Lottery completed:   USCIS announced that it has completed the computer-generated random selection process to select enough H-1B petitions to meet both the congressionally-mandated cap of 65,000 H-1B visas and the U.S. advanced degree exemption, known as the master's cap, of 20,000 H-1B visas for fiscal year (FY) 2019. Total number of cap-subject petitions received:  USCIS received at total of 190,098 H-1B petitions for the roughly 85,000 visas available during the filing window of April 2, 2018 to April 6, 2018.  This compares with 199,000 petitions in FY2018, and 236,000 in FY2017.    Selection process:    USCIS conducted the selection process for the...

H-1B CAP FOR FY2019 REACHED

20:20 06 April in News Updates

H-1B CAP FOR FY2019 REACHED LOTTERY WILL BE CONDUCTED As expected, USCIS announced today that the H-1B cap for FY2019 has been reached for both "regular" and "master's" cap cases. All cap-subject petitions received at USCIS between Monday, April 2, 2018 and Friday, April 6, 2018 will be entered into a random lottery for the available visas.  Please note that LAC has received FedEx delivery confirmation to USCIS of all H-1B petitions we filed subject to the cap.  Petitions selected in the lottery will proceed to adjudication.  If approved, the earliest effective date of H-1B status will be October 1, 2018. USCIS continues to accept...

USCIS To Temporarily Suspend Premium Processing for FY2019 H-1B Cap Petitions

22:57 21 March in News Updates

USCIS has announced that it will temporarily suspend premium processing for all FY2019 cap-subject H-1B petitions.  The suspension will take effect when the filing window opens on April 2, 2018.  The suspension is expected to last until September 10, 2018. H-1B cap cases already initiated with a premium processing request LAC will retain premium processing fees in trust for employers who have initiated H-1B cap cases with a request for premium processing.   If the petition is still pending adjudication when USCIS resumes premium processing, LAC will submit the premium processing request at that time.  Alternatively, for any employer who wishes to have the...

FY2019 H-1B CAP FILING DEADLINE APPROACHING

15:10 05 March in News Updates

Annual Filing Window  The filing window for H-1B petitions seeking a FY2019 (10/1/18 to 9/30/19) cap or quota number will open on Monday, April 2, 2018.    As with prior years, we anticipate demand will exceed supply within the first week, which will mandate a lottery to determine which petitions will be selected to proceed to adjudication.   All petitions received at USCIS from Monday, April 2 through Friday, April 6 will be included in the lottery.    Last year 196,000 petitions were filed for the 85,000 visas available.  We anticipate similar volume this year. Rush Filings It is important to initiate any cap subject petitions now to ensure timely...

The Future of H-4 EADs — Update

23:59 02 March in News Updates

As we advised in January, the Department of Homeland Security (DHS) had slated for February 2018 publication of a regulation to remove work authorization for certain H-4 spouses.   However, no such regulation materialized in February. DHS has now submitted a status report in relation to Save Jobs USA v. DHS, the case challenging the law which authorized H-4 employment authorization.    The report indicates that DHS intends to publish a Notice of Proposed Rulemaking by June 2018 to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of individuals eligible for employment authorization. The court case continues to...