Answer At this point, there is no way to know the odds of whether a second H1B lottery will be necessary. The earliest we can reasonably expect to hear from the USCIS about a possible second lottery is July.As a frame of reference, in 2021, the...
Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...
On March 15, 2023, the United States Citizenship and Immigration Services (USCIS) updated its ability-to-pay guidance, which can be found in Volume 6, Chapter 4 of the USCIS Policy Manual. The new guidance from the USCIS regarding the sponsoring employer's ability to pay applies only...
Answer No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer "YES" to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)Sheela Murthy and other...
Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
The U.S. Citizenship and Immigration Services (USCIS) is expanding premium processing service for F-1 students applying for employment authorization documents (EADs) pursuant to OPT and STEM OPT extensions. The USCIS goal is to offer a more predictable process for timely adjudication for F-1 students applying...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that enough initial registrations were submitted to the fiscal year 2024 (FY24) H1B cap, including the advanced degree exemption (master's cap). The online accounts should now show one of the following for each registration:Submitted...
Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...
When completing the ETA form 9089, application for permanent employment certification (PERM labor certification), employers may overlook a small but important question on the form: "[I]s there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?" Before breezing past this...
The U.S. Citizenship and Immigration Services (USCIS) has extended the deadline to submit registrations for the fiscal year 2024 (FY24) H1B lottery through 5:00 pm Eastern Time (ET) on March 20, 2023. This change was implemented due to technical difficulties that arose with the H1B...
