New DHS Rule Narrows H-1B Eligibility Requirements and Imposes Other Limitations

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New DHS Rule Narrows H-1B Eligibility Requirements and Imposes Other Limitations

The Department of Homeland Security (“DHS”) has published a new rule that has the potential to significantly narrow the eligibility criteria for the H-1B work visa program. Unless it is blocked by litigation that is sure to follow shortly, the new rule will take effect in 60 days and it will apply to all H-1B petitions filed on or after the effective date, including new petitions, extensions, a request to change employers, and amendments.

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Congress Expands Premium Processing Program to Additional Application Categories

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Congress Expands Premium Processing Program to Additional Application Categories

As part of the year-end appropriations process, Congress passed legislation yesterday that will permanently expand the U.S. Citizenship and Immigration Services (USCIS) premium processing program, while also increasing program fees, and the legislation was signed into law by the president today.

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H-1B Cap Update: Second Round of H-1B Cap Numbers Released

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H-1B Cap Update: Second Round of H-1B Cap Numbers Released

Last week rumors of a second round of FY21 H-1B cap registration selections began circulating in the US immigration community. Ellis Porter is excited to report that these rumors have become reality and we started receiving new H-1B cap selection confirmations on Friday, August 14.

By way of background, by March 27, 2020, USCIS announced that it had received nearly 275,000 H-1B registrations for FY21 H-1B cap, and selected the first round of registrations. However, due to the COVID-19 pandemic, closure of borders, and several presidential proclamations, USCIS has received far fewer H-1B petitions than expected. As a result, USCIS will select additional registered cases.

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