H-1B Cap Electronic Registration Begins March 1, 2020

For the first time, the U.S. Citizenship and Immigration Services (USCIS) is introducing electronic registration of H-1B cap cases this fiscal year, i.e. Fiscal Year 2021 (October 1, 2020 through September 30, 2021).  The Final Rule regarding H-1B visa lottery process added H-1B electronic registration requirement for employers seeking to submit H-1B cap-subject petitions for the FY2021.

Following are the H-1B cap updates for FY2021:

• USCIS will require all H-1B cap-subject petitioners (employers) or the authorized representative (attorney filing an H-1B case) first electronically register and pay the H-1B registration fee of $10.00. This includes advanced degree exemption (U.S. Master’s cap) as well.
• The initial registration period will start on March 1, 2020 and will close on March 20, 2020. Actual end date will be announced by the USCIS on its website.
• USCIS intends to notify registrants with the selected registrations from the initial registration period no later than March 31, 2020. These notifications must be received before the petitioners or authorized representatives are able to file/submit the H-1B petition for the registered beneficiary.
• If USCIS determines that it is necessary to re-open the initial registration period, it will announce the start of the re-opened registration period on their website.
• An employer may only submit one (1) registration per beneficiary in any fiscal year. If more than one registration for the same beneficiary in the same fiscal year is submitted, USCIS will consider all filed registrations filed by the employer for that beneficiary invalid for that fiscal year.
• Unselected registrations will be removed from the registration system at the end of the fiscal year by the USCIS.

USCIS will require the following information for electronic registration:

For the H-1B Employer/Petitioner

• Completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
• Legal name of the petitioner
• If the petitioner has a “Doing Business As” name, the DBA name
• Petitioner’s Federal Employer Identification Number (EIN)
• Petitioner’s primary U.S. office address (street number and address, city, state, province, and zip code)
• Petitioner’s authorized signatory’s full legal name (first, middle, last), title, and daytime phone number and e-mail address
• An attestation regarding the authorized signatory’s signature

For the H-1B Beneficiary

• Beneficiary’s full legal name (first, middle, last)
• Beneficiary’s date of birth
• Beneficiary’s country of birth
• Beneficiary’s country of citizenship
• Beneficiary’s gender (Male or Female)
• Does the Beneficiary have a U.S. Master’s degree or higher?
• Beneficiary’s current passport number

We will provide further information and updates shortly regarding the H-1B cap filings as it becomes available.

Fraud Alert: Office of the Citizenship and Immigration Services Ombudsman Telephone Numbers Used in Scam to Obtain Personally Identifiable Information

We have been informed that the Office of the Citizenship and Immigration Services Ombudsman (Ombudsman) would like to warn its stakeholders of reports that certain Department of Homeland Security (DHS) telephone numbers, including the Ombudsman’s main telephone number, have been used recently as part of a telephone spoofing scam targeting individuals throughout the country. Spoofing is the deliberate falsifying of information transmitted to a caller ID display to disguise an identity.

The Ombudsman’s Office numbers (202-357-8100 and 1-855-882-8100) appear to have been compromised.  The scammers use various tactics, such as the threat of identity theft, to elicit sensitive information. Very little is known at this time, but please be aware that we – indeed any government office – would never ask for sensitive information over the telephone, such as Social Security numbers or credit card information.

Please note that it continues to be safe to make calls to the Ombudsman’s Office using our telephone numbers and email posted to our website.

USCIS Increases Premium Processing Fee

The U.S. Citizenship and Immigration Services (USCIS) announced that beginning on December 2, 2019, it is adjusting the filing fee to request premium processing for certain employment-based petitions.  The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker.

October 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2019.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	01JUL19	01SEP17	01JUL19	15MAR17	01JUL19	01JUL19
2nd	C	01AUG16	C	01JUL09	C	C
3rd	C	01MAR17	C	01FEB10	C	C
Other Workers	C	01AUG08	C	01FEB10	C	C
4th	C	C	15AUG16	C	C	C
Certain Religious Workers	C	C	15AUG16	C	C	C
5th Non-Regional Center (C5 and T5)	C	01JAN15	C	C	C	C
5th Regional Center (I5 and R5)	C	01JAN15	C	C	C	C

ICE Commences On-Site Inspections for STEM OPT Employment

Our office has learned that ICE (http://www.ice.gov) has started to conduct on-site inspections for STEM Optional Practical Training (OPT) employment.  The site visits are aimed to address how the salary of STEM OPT employees is determined, whether there is sufficient structure to provide supervision and training of the employee, and the nature of the employer/employee relationship at any third-party worksites.  According to https://studyinthestates.dhs.gov/: Site visits will be limited to checking information related to student STEM OPT employment and ensuring that students and employers are engaged in work-based learning experiences that are consistent with the information supplied on the student’s Form I-983.

The length of the site visit appears to be about 1-2 hours but it could take up to five hours.  ICE normally gives two days’ notice via email to the STEM OPT employee’s manager/supervisor unless such visit is pursuant to a complaint in which case a notice would be unlikely.  It is important to note that in order to qualify for a STEM OPT extension, the student and the employer must complete Form I-983, providing specific information about the training program and agreeing to notify the Designated School Official (DSO) if there are any material changes to the training program. In addition, the Form I-983 must be regularly updated with the student’s progress in the training program.  However, the I-983 is not included with the application for STEM OPT, and as a result, it is generally not reviewed by USCIS or ICE at all (unless requested by USCIS via a Request for Evidence (RFE).

In light of the inspections, we remind you that employers as well as the students must carefully review the I-983 and instructions, and update it as needed.  Moreover, both the employer and the student should be familiar with the content of the I-983, and be prepared to describe the training opportunity to an ICE officer.  Even without a site visit, compliance is extremely important. The I-983 creates obligations certified by both the student and the employer. Violations could result in termination of student status, or impact future adjudications if USCIS or consular officers note discrepancies between the I-983 and online information or resumes submitted. There are also reports that the USCIS Vermont Service Center has started asking STEM OPT employers to email the I-983 plan as part of I-765 adjudication.  As with any site visit, front-line employees, such as security officers or administrative staff, should ask the ICE officer for a business card, and ask the officer to wait until a designated person at the worksite is called.  The ICE officer may want to tour the worksite, but best practice is to have the officer accompanied by the designated person on site.

 

August 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2019.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	El Salvador Guatemala Honduras	INDIA	MEXICO	PHILIP PINES	VIETNAM
1st	01JUL16	01JUL16	01JUL16	01JAN15	01JUL16	01JUL16	01JUL16
2nd	01JAN17	01JAN17	01JAN17	02MAY09	01JAN17	01JAN17	01JAN17
3rd	01JUL16	01JUL16	01JUL16	01JAN06	01JUL16	01JUL16	01JUL16
Other Workers	01JUL16	22NOV07	01JUL16	01JAN06	01JUL16	01JUL16	01JUL16
4th	C	C	01JUL16	C	01JUL16	C	C
Certain Religious Workers	C	C	01JUL16	C	01JUL16	C	C
5th Non-Regional Center (C5 and T5)	C	15OCT14	C	15OCT14	C	C	15OCT14

Federal Judge Issues Injunction Preventing Enforcement of USCIS’ F,J,M Unlawful Presence Policy

As part of the lawsuit filed by Guilford College and other against Dept of Homeland Security (DHS), a Federal Judge in the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction on May 3, 2019 preventing the DHS from enforcing the USCIS’ August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.

The lawsuit filed late last year by Guilford College was supported by several other educational institutions that filed amicus curiae brief (friend of the court) with the Court.  The May 3, 2019 injunction states the following:

“The Court finds that, under the circumstances of this case, the equities and public interest factors weigh in favor of granting injunctive relief. An injunction will prevent the harms outlined above for Plaintiffs, along with similarly situated individuals and institutions across the country. The record does not reflect any countervailing harm to the government in maintaining the status quo by returning, for the duration of this lawsuit, to a policy that it voluntarily followed for over twenty years. “

The May 2019 injunction order by the Court may be found here

Court Order May 2019

The preliminary injunction is a welcome news to thousands of foreign nationals that are currently in the U.S. in F, J, or M status.  We will post any updates on this matter as they become available.