Search
Contact
Login
Share this article
U.S. Citizenship and Immigration Services (USCIS) recently announced that it would accept resubmitted H-1B cap-subject petitions that were rejected last year because the requested start date was after Oct. 1, 2020.
Key Points:
Background: USCIS conducted a second H-1B lottery in August last year after the number of H-1B petitions received during the initial filing period was below the number needed to reach numerical allocations. Some of the petitions that were filed following the second lottery included a start date after Oct. 1, 2020. These petitions were rejected or administratively closed. USCIS now says they will be reconsidered.
BAL Analysis: The change will likely affect only a very limited number of petitioners and beneficiaries. Those who believe a petition was rejected solely because of the start date are encouraged to work with BAL to determine whether the petition should be resubmitted.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications. PERM Processing: As…
Immigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals, according to recently published State…
EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries…
U.S. Citizenship and Immigration Services announced this week that it will implement a streamlined process to provide Employment…