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…
Department of state announced that they will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad. The applicants will be able to renew their visas without leaving the US. The stateside renewal option will be available to H…
On January 27, 2023, USCIS announced that the initial period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. Potential petitioners and their representatives will be able to prepare and submit their registrations by using USCIS’s online H-1B registration system. USCIS will assign a confirmation…
The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. On August 23, 2022, USCIS announced that it reached H-1B Cap for FY2023. That means USCIS received…
