Search
Contact
Login
Share this article
U.S. Citizenship and Immigration Services has confirmed important details about the upcoming H-1B cap season, in light of concerns that proposed changes to H-1B visas by the Trump administration could affect the filing season, which begins April 2. The agency’s Service Center Operations Directorate provided the information to the American Immigration Lawyers Association.
Key points:
Background: In December, the Department of Homeland Security released its 2018 regulatory agenda, which included changes in how H-1B cap petitions are selected, such as an electronic preregistration system. Other agenda items include changes to the definition of “specialty occupation,” qualifying criteria and minimum salaries paid to H-1B employees in order to protect American workers.
BAL Analysis: Employers should expect a lottery selection process similar to those in previous cap seasons. Businesses should assume that premium processing will not be available for H-1B cap-subject petitions at the start of filing season and factor that into their schedules. Although it is not clear how long the suspension will last, it will presumably be shorter than the six-month suspension last year. Unlike last season, premium processing for non-cap H-1B cases will not be interrupted. BAL is closely following any changes to H-1B cap season and will report any developments, including regulatory proposals that could affect how petitions are adjudicated this summer.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 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@bal.com.
The Labor Department posted updated processing times for permanent labor certification (PERM) applications and prevailing wage…
A U.S. District Court judge’s ruling on April 14 temporarily blocked the Department of Homeland Security from moving forward with…
Update on applications received for requested date of need from Oct. 1, 2024, through March 31, 2025 (fiscal year (FY)…
U.S. Customs and Border Protection (CBP) announced that El Salvador is now an official Global Entry partner country. Key Points:…