First the big news. Presidential candidates Donald Trump and Bernie Sanders actually agree. On what could they possibly agree? Both are are opposed to the current H-1B visa program and would like to see the minimum wage of the visa raised. Both have highlighted the impact of the current visa program on jobs for Americans. Much of the Presidential debate over the H-1B Visa has focused on how the visa affects the computer and information technology world.
USCIS Completes the H-1B Cap "Lottery" Selection Process for FY 2017
U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.
USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.
The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.
As announced on March 16, 2016, USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.
For more information on USCIS and its programs, please visit uscis.gov
USCIS Reaches FY 2017 H-1B Cap
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.
Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. Due to the high number of petitions, USCIS is not yet able to announce the date it will conduct the random selection process.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
For more information on USCIS and its programs, please visit uscis.gov
The H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy
Every year, U.S. employers seeking highly skilled foreign professionals submit their applications for the pool of H-1B visas made available by U.S. Citizenship and Immigration Services (USCIS) on April 1. With a statutory limit of 65,000 visas available for new hires—and 20,000 additional visas for foreign professionals who graduate with a Master’s or Doctorate from a U.S. university—in recent years demand for H-1B visas has outstripped the supply and the cap has been reached quickly. This fact sheet (by the American Immigration Council) provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers make to the U.S. economy.
USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016
USCIS confirmed to AILA (American Immigration Lawyers Association) that standard procedures will apply for the FY2017 lottery: If more than enough H-1Bs are received during the first 5 business days in April, a random lottery will be conducted for petitions received during that time period for first the master’s and then the regular cap.
6 Things You Need to Know About Getting a US Artist Visa
From the outside, obtaining an artist visa to the United States can appear like a black-box process: applications go in, decisions come out. And even to insiders, the fiercely bureaucratic system can seemingly yield unpredictable results. But the visa is of course not unattainable — it just requires talent, and the paperwork to back it up.
An artist visa, also called an O1B, is issued by the US Citizenship and Immigration Services, under the umbrella of the Department of Homeland Security, and is granted to those with “extraordinary ability or achievement.” To parse what that means and get some tips on the process, ARTINFO spoke to immigration lawyer BoBi Ahn of Warshaw Burstein, LLP.
DHS Launches Known Employer Pilot Program
The U.S. Department of Homeland Security (DHS) today announced the launch of a Known Employer pilot to assess a new process for employers seeking to hire certain workers through employment-based visa categories.
NYCEDC And CUNY Launch IN2NYC Program For Foreign National Entrepreneurs
New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY), today announced the launch of the International Innovators Initiative (IN2NYC) Program, the first municipal program in the nation designed to help foreign national entrepreneurs access visas so they can create jobs in the United States.
DHS Proposed Rule to Amend Its Regulations Related to Skilled Workers
DHS proposed rule to amend its regulations related to Skilled Workers (EB-1, EB-2, and EB-3 immigrant and non-immigrant) visa programs. Comments are due by 2/29/16. (80 FR 81900, 12/31/15)
New Questions About Visa Used by California Shooters
The use of a relatively obscure visa to enter the U.S. by the Pakistani woman involved in last week’s terror attack in California has raised new concerns about the country’s visa programs.