In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor’s degree in the
Continue Reading Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants
Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is not just about technology- it brings with it a host of implications, including a significant move
Continue Reading Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?
The White House recently announced that beginning May 12, 2023, the COVID-19 vaccination requirements for entry to the United States will no longer apply to nonimmigrant international air travelers. In addition, the Department of Homeland Security announced that it would end the COVID-19 vaccination requirements as of
Continue Reading Lifting of COVID-19 Vaccination Requirements for Nonimmigrants to Enter the U.S.By: Rania Abboud, Nelli Shevchenko, and Gabriele Vennewald
Please note: while we address some country-specific updates related to the COVID-19 pandemic, this Alert contains information regarding global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global
Continue Reading May 2023 Global Immigration AlertBy: Victoria Ma
Seyfarth Synopsis: In its continued efforts to increase efficiency and reduce burdens to the overall immigration system, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and
Continue Reading USCIS Expands Premium Processing Eligibility to Certain F-1 Students Seeking OPT or STEM OPT Extensions and Makes Online Filing AvailableBy: Jake Campbell and Victoria Ma
Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:
1. H-1B Cap Registration is Live
H-1B cap registration opened on March 1, 2023 at noon EST and closes on March 17, 2023 at noon EST. Employers should be prepared to submit
Continue Reading March 2023 U.S. Immigration AlertBy: Gabriele Vennewald and Rania Abboud
Please note: while we address some country-specific updates related to the COVID-19 pandemic, this Alert contains information regarding global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global mobility inquiries on a
Continue Reading March 2023 Global Immigration Alert
Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021.
While the U.S. appears to have turned a corner in the fight against COVID-19, most companies have yet to formulate and implement back to work policies. Thank you to ICE and US Citizenship and Immigration Services (USCIS), for allowing these employers to head into the holiday weekend without having to worry about the fate of this anticipated extension. And thank you for the 90 days, rather than the shorter 30 or 60-day extensions issued previously.
The Devil is in the Details
It would not be a exciting blog post, if we didn’t have something interesting to point out. The ICE announcement includes two confusing items:
Continue Reading Nothing “new” Other Than a 90 day Extension of Virtual I-9s
In-Person Services Suspended Until At Least May 3
In response to Coronavirus Disease 2019 (COVID-19) developments, as of April 1, U.S. Citizenship and Immigration Services (USCIS) updated its office closures suspending routine in-person services until May 3rd.
What does this mean for cases in progress?
USCIS will reschedule appointments for
Continue Reading USCIS Office Closures Updates- as of April 1, 2020
Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing for all Form I-129 and I-140 petitions. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service. However, USCIS also announced that the agency would refund the $1,440 filing fee if the agency does not take action on a petition previously filed via premium processing within the 15-calendar-day period, thus leaving open the possibility that even those already in queue for adjudication may not receive premium treatment.
Please find below a list of frequently asked questions with our insights.
1. What is the effective date of the suspension?
The premium processing suspension is effective on March 20, 2020.
2. How long will the suspension last?
USCIS states that the suspension will last until further notice, and that the agency will notify the public with a confirmed date for resuming premium processing service. In the past, premium processing suspensions have lasted up to six (6) months.
3. Does the suspension apply only to H-1Bs or other visa categories?
The suspension includes petitions filed for the following nonimmigrant categories: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket), O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.
The suspension also includes all types of I-140 petitions, including EB-1, EB-2 and EB-3.
4. How does this affect the H-1B cap lottery?
USCIS indicates that it will still notify registrants selected in the lottery by March 31. However, in the absence of premium processing, petitioners will likely not receive decisions on petitions filed on behalf of selected registrants until late May at the earliest, assuming a filing in early April. In addition, companies that filed H-1B petitions with premium processing were able to easily communicate with USCIS representatives regarding case status updates and corrections to errors on the approval notice. The suspension of premium processing will prevent companies from leveraging this benefit.
5. I am in F-1 status, my Optional Practical Training (OPT) will expire before October 1st, and I require H-1B cap gap to extend my work authorization through October 1st. What happens if I do not receive a decision on my H-1B cap case by October 1st?
If you will rely on H-1B cap gap and USCIS has not issued a decision on your H-1B petition as of October 1st, you may continue to remain in the U.S. until USCIS issues a decision. However, you will not possess work authorization from October 1st until USCIS ultimately approves the H-1B petition. If USCIS lifts the premium processing suspension early, which may occur prior to the six-month mark, your employer will have the option of submitting a premium processing request to accelerate processing of your H-1B petition.
6. Can a premium processing request be submitted for a pending I-129 or I-140 petition once the suspension is lifted?
Yes, once the suspension is lifted, a premium processing request may be submitted at any time.
7. I am currently in a nonimmigrant status (e.g. H-1B, L-1, TN, E-3) status and my status will expire this summer/fall. My employer will file an extension on my behalf. How will the suspension of premium processing affect my work authorization and ability to travel internationally?
If you are in the U.S. in a valid nonimmigrant status and your company seeks to extend your status, you will remain eligible for an up to 240-day extension of your status beyond the date of your I-94 admission record. Therefore, the premium processing suspension should not affect your continued work authorization. However, if you have international travel plans after the expiration of your current status and/or your visa stamp is expired, you will need your new approval notice to apply for a visa stamp before returning to the U.S. In this case, the premium processing suspension may require you to delay your travel plans or remain abroad until USCIS approves your petition and you secure a new visa stamp.
8. Are there any other issues that may come up?
Yes, in some states, you may have an issue renewing your driver’s license. Some states will allow you to extend your license by presenting evidence of a timely filed extension while other states require evidence confirming that your nonimmigrant status has been approved. You will need to check with your local motor vehicle department to explore this issue.