News Updates

H-1B CAP FOR FY2019 REACHED

20:20 06 April in News Updates by Larrabee

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 by Larrabee

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 by Larrabee

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 by Larrabee

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...

FY2019 H-1B CAP UPDATE- No Procedural Changes Expected

22:05 29 January in News Updates by Larrabee

The American Immigration Lawyers Association (AILA) released a practice alert regarding the H-1B FY2019 Cap Season (AILA Doc. No. 18012505). USCIS Service Center Operations Directorate (SCOPS) confirmed it is not anticipating any procedural changes for the FY2019 H-1B cap season. USCIS intends to follow the same procedures that were used for the FY2018 H-1B season, which presumably would not include a pre-registration system. In addition, USCIS does not anticipate that premium processing will be suspended for non-cap H-1B petitions, though there may be a short suspension of premium processing for H-1B cap-subject petitions. <-- Back to News Updates...

IMPACT OF FEDERAL GOVERNMENT SHUTDOWN ON IMMIGRATION SERVICES

22:20 22 January in News Updates by Larrabee

At the time of this writing, as a result of the shutdown of the federal government certain federal government services have been temporarily reduced or closed down entirely.  Immigration is primarily a federal function.  However, whether and how immigration services will be impacted by the shutdown depends largely on the nature of each agency and the function it serves. It appears Congress may pass a stop-gap measure by the end of the day today.  However, even that measure would only delay the congressional funding disputes by two and a half weeks, until February 8th.   The bipartisan agreement presently on the table...

Importance of Reviewing I-94 Admission Records

22:34 17 January in News Updates by Larrabee

The I-94 Admissions Record provides nonimmigrants with proof that they have been lawfully admitted to the U.S.  I-94s are issued or generated upon admission to the U.S.-- either electronically for travelers entering the U.S. by air or sea; or on paper for those entering by land.  I-94s are also attached to approvals of petitions/ applications filed with USCIS to change or extend status from within the U.S.  Note that the I-94 applies to nonimmigrants only.  U.S. citizens and U.S. lawful permanent residents (green card holders) do not receive any type of I-94 document.  Please note that the most recently issued I-94...

Larrabee Albi Coker LLP – Partnership Announcement

21:06 16 January in News Updates by Larrabee

Effective January 1, 2018, Ms. Martorell and Ms. Mullane joined the firm's partnership team. Each has been with the firm for over a decade, and they have made significant and valuable contributions to the firm and its clients over their years of service. We are excited to welcome Ms. Martorell and Ms. Mullane as the firm's newest partners and look forward to their continued commitment to providing our clients with quality legal representation. <-- Back to News Updates...

FY2019 H-1B CAP FILINGS – IMPORTANT CHANGES AND ADVISORIES

18:16 12 January in News Updates by Larrabee

FY2019 H-1B CAP FILINGS Trump Administration Proposes Changes in H-1B Lottery Procedures 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.   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, 2018. The Trump Administration published its regulatory agenda priorities for 2018, which may result in changes to H-1B lottery procedures.  At this time, it is unknown if the changes will apply to FY2019 H-1B cap filings.  We anticipate an announcement in February...

Department of Homeland Security Reportedly Considering Changes to 7th Year H-1B Extension Rules — Just Kidding

23:31 09 January in News Updates by Larrabee

USCIS DENIES IT WAS CONSIDERING CHANGES TO 7TH YEAR H-1B EXTENSION RULES   As we advised on Friday the Department of Homeland Security (DHS) was reportedly considering new regulations that would limit the ability of certain H-1B workers in the green card process to obtain an extension of their H-1B status beyond the usual six-year limit of authorized stay. Today McClatchy DC reported: "Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country."   USCIS, through its Chief of Media Relations, Jonathan Withington, responded that "'The agency is considering...