H-1B Cap Registration and Process; Form I-944 No Longer Required

The FY2022 H-1B cap season is now underway. U.S. Citizenship and Immigration Services (USCIS) adopted the same H-1B registration process as was used last year. Before filing a cap-subject H-1B petition, USCIS requires that employers or their authorized representatives first complete an online registration for each cap-subject H-1B petition. USCIS will then run the H-1B cap lottery (if needed) based on these registrations. Employers would only file petitions based on selected registrations.

Below are the dates to keep in mind for this year’s H-1B cap:

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H-1B Cap Update: Electronic Registration Starts on March 9, 2021; Cap Selection Wage Regulation Delayed until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) recently announced updates to this year’s H-1B cap selection process. The government’s H-1B electronic registration process will open in one month, but there will be no changes to the selection process itself as implementation of the “H-1B Cap Selection Process Final Rule” is delayed until December 31, 2021. Stakeholders will want to pay close attention to the newly released registration dates along with an opportunity to learn more about the process directly from the Faegre Drinker team.

For the full alert, visit the Faegre Drinker website.

U.S. Immigration Updates: H-1B Cap, Prevailing Wage Rule and International Travel Updates

Immigration updates from the end of the Trump administration include USCIS’s final rule modifying the H-1B cap selection process, DOL’s final rule on computation of prevailing wage levels, and executive orders extending immigration restrictions and terminating some travel restrictions — all of which may be changed by litigation or the Biden administration. It is also time to start planning for the FY2022 H-1B cap season.

For the full alert, visit the Faegre Drinker website.

November 2020 Visa Bulletin Update: USCIS Will Continue Using ‘Dates for Filing’ Chart

On October 29, 2020, the U.S. Department of State (DOS) issued the November Visa Bulletin. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will use the “Dates for Filing” chart. For employment-based visa categories, the “Dates for Filing” chart is the same as last month, except for modest advancement in the EB-3 China “other workers” category. Foreign nationals who are eligible to file their employment-based visa applications in October can file their applications in November.

The November “Final Action Dates” chart shows slight forward movement in employment-based visa categories. Notably, EB-1 India and China categories will advance by six months.

For more information on this topic, please see our earlier legal update on the October Visa Bulletin.

Immigration Updates: Visa Processing, Travel Bans and the New USCIS Fee Schedule

Read on for an overview of updates on immigration and global mobility issues, including those involving visa processing at U.S. embassies and consulates, restrictions on travel and the new U.S. Citizenship and Immigration Services (USCIS) fee schedule.

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Employment Immigration: Continued Changes From USCIS and the State Department With COVID-19, Travel Bans and Processing

Business immigration in the United States continues the roller coaster ride of the last six months. With the COVID-19 pandemic, U.S. immigration has been subjected to U.S. Citizenship and Immigration Services (USCIS) office and consulate closures, travel bans, a three-month suspension of premium processing, and rumors of USCIS furloughs. This short article will address some of the most recent updates.

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