Tag: USCIS

At a Glance

• U.S. Citizenship and Immigration Services will conduct a comprehensive review of approved benefit requests for foreign nationals from 19 African, Asian and Latin American countries who entered the United States on or after January 20, 2021, which may include an interview, even if an interview was previously conducted. 

• Effective December 15, 2025, the U.S. Department of State will conduct an online-presence review for all H-1B visa applicants and their H-4 dependents. 

• U.S. Customs and Border Protection has proposed a rule requiring travelers from visa-waiver countries applying via the Electronic System for Travel Authorization to disclose up to five years of social media history, along with other personal data. 

Continue reading “Hold on Immigration Applications From 19 Countries; Social Media Vetting; and More”

• Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers. 

• In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown. 

• Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay. 

Continue reading “How a Federal Government Shutdown Affects U.S. Employment-Based Immigration”

U.S. Citizenship and Immigration Services (USCIS) announced it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2026. Also, a new proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” is currently pending with the White House Office of Management and Budget’s Office of Information and Regulatory Affairs. While the exact content is unclear, it is expected to have a significant impact on how H-1B cap-subject numbers are allocated.

Continue reading “H-1B Cap Reached for Fiscal Year 2026 and Potential Process Changes Ahead”

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2025, which includes 65,000 regular and 20,000 U.S. advanced-degree cap petitions. The FY 2025 registration process was the first under USCIS’s new beneficiary-centric process, in which registrations were selected by unique beneficiary rather than by number of submitted registrations.

To view the full alert, visit the Faegre Drinker website.

On December 13, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2024 (FY2024), which includes 65,000 regular and 20,000 U.S. advanced degree (U.S. master’s degree) cap petitions. The next period during which registrants will be allowed to submit H-1B cap registrations is expected to be in the first couple of weeks of March 2024 for an October 1, 2024, (FY2025) employment start date for successful registrants.

Continue reading “USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2024”