E&M Mayock

Once again, full petitions will be required to participate in the 2019 H-1B Lottery. Fortunately, DHS published this Final Rule with plenty of time to prepare robust applications for submission by April 1, 2019. #h1bapplicants #homelandsecurity

Although U.S. Master’s pool applicants will likely be winners as a result of this change, there are others who stand to lose the opportunity to obtain H-1B status. These individuals will have a smaller chance to be selected under the new system. #h1bapplicants #homelandsecurity

Previously, the first batch of winners in the lottery was made from applicants with a US Masters or higher degree. Selection of remaining winners was made from applicants left, including the US Masters pool. This year the process will be reversed #h1bapplicants #homelandsecurity

The “Buy American and Hire American” initiative was intended to reform the H1-B visa process, but “Subsequent memos have allowed for greater discretion in denying applications without first requesting additional information from an applicant.” #h1bapplicants #homelandsecurity

Difficulty obtaining H1-B visas affect how US businesses operate. An architect in Bloomington, MN estimated his company turned away approximately $1 billion in work due to lack of staff. “We’re just at the point where there’s no one else to hire” #h1bapplicants #homelandsecurity

IT consulting firms are seeing a much higher rate of denial for H1-B visa petitions than major companies. Where IT firms have a denial rate of as much as 40%, larger companies such as Google and Amazon enjoy a vastly lower rate of around 1% denial #h1bapplicants #homelandsecurity

Over 40 lawsuits have been filed in D.C. regarding a 2018 USCIS policy that created additional requirements for IT companies seeking to hire H1-B visa candidates. The policy allows USCIS to deny visas entirely or approve them for a very short time #h1bapplicants #homelandsecurity

USCIS indicated the main reason for requesting further evidence was “The petitioner did not establish that the position qualifies as a specialty occupation.” In 2015 requests for evidence delays were 35%, but by the end of 2018 that number was 60% #h1bapplicants #homelandsecurity

USCIS has released data indicating approval for H1-B visas has dropped 11% in 3 years. “The rate of H-1B approval dropped to 85 percent in 2018 from 96 percent in 2015” Drop in approval is attributed to more requests for further evidence by USCIS. #h1bapplicants #homelandsecurity

Per their website, #USCIS resumed premium processing on February 19, for all #H1Bvisa petitions filed on or before December 21, 2018. Please visit ow.ly/mwR630nQFhi for more information concerning your H-1B premium processing.

Forbes magazine reports that “H-1B professionals and prospective new employers can now wait more than a year for a USCIS decision on an H-1B application. In 2018, the USCIS processing time for an I-140 form was approximately 8 months compared to 3 months in 2014.” #uscis #h1bvisa

An article published in the LA Times reports that the American Immigration Lawyers Association has found that “overall case processing times have increased by 46% over the last two fiscal years and 91% since 2014.” #uscis #h1bvisa

Included with the updated Form I-539, USCIS will require that every applicant and co-applicant pay an $85 biometrics fee and attend a biometric services appointment. This new requirement will apply to ALL applicants, including children of every age. #uscis #h1bvisa

On Feb 11, 2019 USCIS announced revisions to Form I-539. This is the form used by individuals to change their nonimmigrant status. The revised form is expected to be published on the USCIS website by March 11, 2019. After this, only REVISED forms will be accepted. #uscis #h1bvisa

Once the proposed rule is published in the Federal Register, a comment period occurs. Regulators must address all comments before finalization. With the movement of the proposed rule to the OMB, it is likely the regulation will become final in the next 6 months. #uscis #h1bvisa

Reps. Pramila Jayapal, D-Wash., and Mia Love, R-Utah wrote to DHS May 16, 2018 stating “H-1B workers and their families are most successful when their spouses have the ability to contribute to their household income” The letter drew support from 130 lawmakers. #uscis #h1bvisa

According to US Citizenship and Immigration Service data, 93% of H-4 spouses with employment authorization are women. If this proposed rule is enacted, it is estimated that more than 90,000 workers in the US economy could lose their jobs. #uscis #h1bvisa

On February 20, 2019, the US DHS proposed a rule ending H-4 employment authorization to the Office of Management and Budget. H-4 foreign nationals are spouses of H-1B Professionals. It is widely believed that the proposed rule will be published by March 18, 2019. #uscis #h1bvisa

The end of H-4 spouse employment authorization, one of the most closely watched proposals of the Trump administration, is moving closer to reality. H-4 foreign nationals are spouses of H-1B Professionals. #uscis #h1bvisa

The Department of Homeland Security chose to postpone implementation of the electronic registration requirement for petitioners seeking to file H-1B petitions in 2019. DHS will be working to complete user testing before rolling out the system. #immigrationlottery #employervisa