Current USCIS regulations allow certain students with pending or approved H-1B petitions to remain in F-1 student status during what is called the Cap-Gap period. USCIS regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for a qualifying student. For the new Cap Subject H-1B petitions filed during first 5 business days of April 2017 for FY 2018, the lottery res
As part of his effort to keep one of his main campaign promises to “look out for the American worker,” President Trump issued an executive order (“EO”) on April 18, 2017 which in part directs the relevant agencies that oversee the U.S. immigration system to come up with new, likely tougher regulations pertaining to all immigration programs, but specifically as to the oft-criticized H-1B program. Based on his stated commitment that he wants to ensure that the H-1B program is n
On April 3, 2017, 6 months prior to the start of the government’s new fiscal year for 2018, USCIS began accepting H-1B petitions for the 65,000 annual visas subject to the annual cap (there are an additional 20,000 visas available for petitions filed for beneficiaries who obtained a master’s degree or higher from a U.S. colleges and universities; the total is really 85,000 – plus additional cap-exempt visas for those working for a university or other non-profit organization).
Beginning on April 3, 2017, H-1B petitioners will not be able to file for premium processing. The suspension affects all H-1B petitions filed on or after this date, including petitions filed for the regular cap, the master’s advanced degree cap exemption, and petitions that may be cap-exempt. Currently, if a petitioner files Form I-907 and pays the premium processing fee, the petition will be adjudicated within 15 days. After April 3rd, the only way for H-1B petitions to be e
Purpose: A bipartisan group of House representatives introduced the H-1B and L-1 Visa Reform Act of 2017 Bill in efforts to reduce fraud and abuse as well as increase transparency in the foreign employee recruitment process. Proposed Changes that the bill would require employers to make a good faith effort to recruit and hire American workers before hiring foreign workers; prohibit employers from replacing American workers with H-1B or L-1 workers; modify existing H-1B wage r