H-1B

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US: President Trump Expected to Suspend Entry of Foreign Nationals from Seven Countries

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President Donald J. Trump is expected to sign an executive order that will suspend the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of 30 days, according to a published draft of the order. The executive order is also expected to suspend a worldwide program that exempted certain visa renewal applicants from consular interviews.

The executive order is expected to be issued Thursday, though it could be delayed.  The following information is based on Fragomen’s analysis of the published draft.  The final order could differ.

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US: USCIS Job Portability Rule Takes Effect

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A new USCIS regulation intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence took effect on 17th January 2017. The new rule also establishes grace periods for non-immigrant workers before and after their employment, and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

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USA: Upcoming H-1B season

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The FY 2018 H-1B cap season will begin on Monday, April 3, 2017

Though the opening day of the filing period is still several months away, it is not too early for your organisation to begin assessing H-1B needs and working with your immigration team to begin the process.

Demand for new H-1Bs reached unprecedented levels last season and is expected to remain high in the FY 2018 season. For FY 2017, USCIS received 236,000 petitions against the annual quota of 85,000.

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US: New USCIS regulation eases job portability for employer-sponsored foreign workers

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USCIS is set to publish a new regulation that is intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence.  The new rule, which takes effect on January 17, 2017, also establishes grace periods for nonimmigrant workers before and after their employment and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

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US: Visa appointment backlogs at U.S. consulates in India

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U.S. consulates in India are experiencing significant backlogs in non-immigrant visa appointments for H, L and other employment-based non-immigrant visas.

Foreign nationals seeking a non-immigrant visa are facing wait times of 75 to more than 115 days to secure an appointment  in Chennai, Hyderabad, Mumbai and New Delhi. The delays do not affect B-1/B-2 visitor visas or F-1 student visas.

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US: FY 2017 H-1B cap season begins

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USCIS today begins to accept H-1B cap petitions for employment in FY 2017. With a very large number of cap filings expected this year, the FY 2017 cap of 85,000 is likely to be exhausted quickly. 

The first five business days of the cap filing season – April 1 through April 7 – are considered a single filing period.  If, as anticipated, USCIS receives more than enough cap petitions to meet the quota during this period, it will run computerized lotteries to choose the cases that will be processed to completion.

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US: Premium processing of FY 2017 H-1B cap petitions to begin no later than May 16

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Premium processing of FY 2017 H-1B cap cases will be postponed until no later than May 16, 2016, U.S. Citizenship and Immigration Services has announced.  Employers will be able to request premium service for H-1B cap cases when the filing season opens on April 1, but the agency will not begin working on those cases until May 16 at the latest.

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US: Reminder - FY 2017 H-1B cap filing season opens soon

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On Friday, April 1, 2016, U.S. Citizenship and Immigration Services will begin to accept H-1B cap petitions for the FY 2017 quota of 85,000. The demand for new H-1Bs could exceed last year’s record level, meaning that the cap is likely to be exceeded in the critical first five business days of the filing season. 

The filing window for FY 2017 cap cases is the week of Friday, April 1 through Thursday, April 7. Cases received by USCIS during this period are treated equally for cap counting purposes. 

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US: H-1B cap reminder: To ensure timely filing, gather documents and submit LCAs now

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With just over two months until the start of the FY 2017 H-1B cap filing season, employers should be working with their immigration counsel to gather necessary documents and submit required labour condition applications (LCAs) so that they are ready to submit cap petitions during the week of Friday, April 1 to Thursday, April 7, 2016.

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USA: The upcoming H-1B season: planning ahead is key

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The FY 2017 H-1B cap season will begin on Friday, April 1, 2016. Though the opening day of the filing period is still several months away, it is not too early for your organization to begin assessing H-1B needs and working with your immigration team to begin the process. 

Demand for new H-1Bs reached unprecedented levels last season and is expected to be even higher in the FY 2017 season. For FY 2016, USCIS received 233,000 petitions against the annual quota of 85,000. Some 148,000 petitions – more than half of all cap filings – did not win a quota number. Pent-up demand from last year, falling U.S. unemployment rates and steadier economic growth will only increase the competition for FY 2017 cap numbers. 

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USA: Increased fees for high-volume H-1B and L-1 employers take effect

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As part of the FY 2016 appropriations legislation, Congress has reauthorized and expanded the fees that certain high-volume H-1B and L-1 employers must pay.  All employers with 50 or more employees in the United States, more than 50 percent of whom are in H-1B or L-1 status, are required to pay an additional $4,000 fee with each H-1B petition and extension, and an additional $4,500 fee with each individual L-1 petition, extension and blanket L application.  

The fee was signed into law on December 18, 2015 and took effect immediately.  It will remain in place until September 30, 2025.  The fee will be used in part to fund a biometric entry-exit data system.