News Updates

USCIS to Resume Premium Processing for All H-1B Petitions Filed on or before 12/21/2018

23:40 19 February in News Updates

What's new? Today USCIS announced it will accept premium processing requests beginning on Tuesday, February 19th for all H-1B petitions filed on or before December 21, 2018. How does premium processing work? If an employer submits a premium processing request, together with the requisite $1410 filing fee, USCIS will guarantee a response within 15 calendar days of receipt of the request "or your money back."   The response may be an approval, denial, or request for additional evidence.   If USCIS issues a request for additional evidence, the premium processing clock stops, and will re-start at Day 1 when the response to the request is received...

DHS Confirms Changes to H-1B Lottery Process

15:02 31 January in News Updates

U.S. Department of Homeland Security Confirms Changes to H-1B Cap / Lottery Process The Department of Homeland Security (DHS) issued a final rule today which amends regulations governing H-1B cap-subject petitions.  The Final Rule will be published in the Federal Register on January 31, 2019. WHAT WILL CHANGE?   U.S. Citizenship and Immigration Services (USCIS) will reverse the order by which it selects H-1B petitions under the H-1B regular cap and the advanced degree exemption   Effective April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be...

USCIS to Resume Premium Processing for FY2019 H-1B Cap Petitions

23:41 25 January in News Updates

What's new? Today USCIS announced it will accept premium processing requests beginning on Monday, January 28th, for all fiscal year (FY) 2019 H-1B cap petitions.   This refers to H-1B petitions submitted in April 2018 which were selected in the lottery, but are still pending final adjudication with USCIS. Whom does this help? The opportunity to add a premium processing request to cap cases still pending from last year may be particularly beneficial for F-1 students whose "cap-gap" work authorization ceased on September 30, 2018.    These students have been unable to work pending adjudication on their H-1B petition, which if approved would have taken effect on...

FY2020 H-1B CAP FILINGS

15:33 11 January in News Updates

The filing window for H-1B petitions seeking a FY2020 (10/1/19 to 9/30/20) cap or quota number will open on Monday, April 1, 2019.   That will be the first day USCIS will accept H-1B petitions for the 2019 H-1B cap.  The start date of employment for approved petitions is October 1, 2019. What changes have been proposed this year? H-1B Cap Registration.  USCIS recently proposed a rule that would change the way H-1B "cap" petitions are filed and selected.  Currently, a fully completed petition must be filed for consideration in the random selection process that takes place in April of each year.  USCIS is proposing to change the process...

2018 Year In Immigration – Summary of Key Policy Changes

23:35 21 December in News Updates

This year brought many key immigration policy changes in the employment-based immigration arena and 2019 is expected to be no different. H-1B Petitions: Interpretation of "Specialty Occupation". A more narrow interpretation of the positions that qualify as a "Specialty Occupation" continues to result in the issuance of Requests for Evidence, Notices of Intent to Deny and Denials for certain occupations. Immigration regulations define a "specialty occupation" as one requiring the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a Bachelor's Degree in a specific specialty or its equivalent. The...

Larrabee Albi Coker LLP Holiday Closure

16:48 12 December in News Updates

Larrabee Albi Coker LLP will be closed for the holidays beginning on Monday, December 24th and will re-open at 8:30 a.m. on Wednesday, January 2nd. In the event of an emergency while we are closed, please call the office at 858-642-0420 and leave a message on extension # 311. Attorneys will be monitoring this line and will respond in the event of an emergency. For non-emergency matters, please send an e-mail or leave a message in the general mailbox, which we will review on January 2nd. As we come to the end of another year, we want to take this opportunity to...