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H-1B Visas
USCIS to resume its Premium Processing Service

USCIS to resume its Premium Processing Service

On May 29, 2020, USCIS announced that it would resume its Premium Processing Service (“PPS”) in these stages throughout the month of June:

  • June 1, 2020: all eligible I-140 petitions

  • June 8, 2020: I-129 petitions that were filed/receipted before June 8, excluding H-1B “cap” cases (i.e., PPS “upgrades” will be available for non-H “cap” cases filed/receipted before June 8)

  • June 15, 2020: concurrent filings for H-1B cap-exempt filings

  • June 22, 2020: H-1B “cap” filings and cases filed/receipted after June 8

These dates are subject to change.

H-1B “cap” reached for FY 2021

H-1B “cap” reached for FY 2021

U.S. Citizenship and Immigration Services (USCIS) announced on March 27, 2020 that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2021. The USCIS announcement states “[w]e randomly selected from...

USCIS Webinar Provides Details on H-1B Electronic Registration System

USCIS Webinar Provides Details on H-1B Electronic Registration System

As discussed in prior posts, USCIS is taking steps to implement an electronic registration system for use in the upcoming H-1B cap lottery for government fiscal year 2021. More details were released this week in a USCIS webinar for “Registrants”—that is, the companies and organizations seeking to submit an H-1B petition.

In the webinar USCIS stated that Registrants will be able to set up accounts on February 24, one week before the registration window of March 1-20 opens. The agency confirmed that should the electronic system fail, it would require petitioners to submit full petitions as in past cap seasons; related filing deadlines will be announced later, should they become necessary.

USCIS Announces Further Details About H-1B Electronic Registration

USCIS Announces Further Details About H-1B Electronic Registration

As discussed in our previous blog posts, USCIS is taking steps to implement an electronic registration to be used in the upcoming H-1B cap lottery for Fiscal Year 2021. A few further implementation details have now been released in a Federal Register posting dated January 9, 2020, and in a press release dated January 10, 2020. USCIS noted the following details:

  • The initial registration period will open from March 1 through March 20, 2020.

  • H-1B cap-subject petitioners, including those seeking Master’s cap H-1Bs, will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.

USCIS Announces H-1B Electronic Registration Period

USCIS Announces H-1B Electronic Registration Period

As discussed in prior posts, on January 30, 2019, USCIS announced a final rule regarding changes to the annual H-1B cap lottery system, requiring an electronic registration for each cap-subject petition. While the electronic registration requirement was suspended for the lottery in April 2019, USCIS is taking steps to implement it for the lottery in April 2020, including the collection of a $10 fee for each electronic registration submitted. 

Now further implementation details have been released: USCIS announced on Friday, December 6, that electronic registration will be required for the upcoming filing season in April 2020, that the agency has “completed a successful pilot testing phase,” and that the initial registration period will run from March 1, 2020 to March 20, 2020.

USCIS Proposes Fee for H-1B Cap Registrations

USCIS Proposes Fee for H-1B Cap Registrations

As discussed in prior posts, on January 30, 2019, USCIS announced a final rule regarding changes to the annual H-1B cap lottery system, requiring an electronic registration process for each cap-subject petition.  While the electronic registration requirement was suspended for the most recent lottery in April 2019, USCIS is taking steps to implement it going forward.  On September 3, 2019, USCIS announced that it was seeking to collect a $10 fee for each electronic registration submitted to USCIS.

Forms DS-160 and DS-260 now require disclosure of social media accounts

Forms DS-160 and DS-260 now require disclosure of social media accounts

On May 30, 2019, the U.S. Department of State added required questions about social media accounts or identifiers to the online nonimmigrant and immigrant visa application forms, the DS-160 and DS-260.  This means that anyone applying for a U.S. nonimmigrant visa (a temporary visa) or a U.S. immigrant visa (permanent residence, a green card) must disclose all social media accounts used in the last five years. Social media presumably will be reviewed by U.S. Consular personnel in the course of visa adjudications.