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, U.S. Citizenship and Immigration Services (USCIS) confirmed that it had received a sufficient number of electronic registrations during the initial registration period to meet the H-1B numerical allocations for fiscal year 2024, including the master’s cap. The electronic registration process, introduced in 2020 for the FY 2021 H-1B cap, has significantly streamlined processing, reducing paperwork, data…
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…
An Employment Authorization Document (EAD) is a document that allows individuals in various immigration categories to work legally in the United States and can be used to prove eligibility to employers. USCIS temporarily extends the automatic extension period for Employment Authorization Documents (EADs) for up to 540 days while the EAD renewal application is pending, due to long processing times.…
The USCIS has issued policy guidance to clarify how eligibility for the O-1B visa classification for individuals of extraordinary ability in the arts and individuals of extraordinary achievement in the motion picture or television industry will be evaluated. The guidance was issued in response to stakeholder feedback and includes a chart in the appendix to provide examples of evidence that…
The USCIS has received enough petitions to meet the H-2B cap for the second half of FY2023, and has announced the filing dates for supplemental H-2B visas for the rest of FY2023. The final receipt date for new cap-subject H-2B work petitions requesting a start date on or after April 1, 2023, is February 27, 2023. USCIS has published a…
