On October 17, 2023, the Department of State sent a Federal Register notice for review, titled ‘Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens,’ to the Office of Information and Regulatory Affairs. This document will outline the eligibility criteria for participation in the Stateside Visa Renewal pilot program (pilot program). It…
The US Citizenship and Immigration Services (USCIS) has submitted a proposed regulation aimed at modernizing the H-1B visa program to the Office of Management and Budget (OMB) for review. This marks the initial step in the regulatory process, and the complete procedure, which involves soliciting public feedback, will span several months before the rule is finalized. The proposed rule is…
In order to meet the H-1B numerical allocations for FY 2024, USCIS has randomly selected additional registrations from the pool of properly submitted registrations. Those selected have been notified and are allowed to file H-1B cap-subject petitions for the specified beneficiaries. Only selected registrations are eligible for filing, within a 90-day period, by paper submission along with the relevant registration…
In the case of ITServe v. DHS on June 27, 2023, the D.C. Circuit ruled that USCIS retains the discretion to review LCA-related matters when making decisions on approving, disapproving, or revoking H-1B petitions. Consequently, if there are changes in the place of employment that require the filing of new Labor Condition Applications (LCAs), USCIS may request new or amended…
On March 27, 2023, USCIS formally announced that they had received enough registrations to reach the FY 2024 H-1B cap and that the selection process had been completed. However, USCIS has not yet publicly released the total number of registrations, or the number of registrations selected for processing. Registrations can have different status classifications, including “Submitted,” “Selected,” “Denied,” or “Invalidated…
Starting November 12, 2021, USCIS announced an important update that L-2 and E-dependent spouses are no longer required to apply for an employment authorization document (EAD) to work in the United States. If L-2 and E dependents want to apply for an EAD as proof of work authorization, they are entitled to have automatic extensions of EADs for up to…
