We’re very excited to better understand how U.S. Citizenship and Immigration Services (USCIS) is shaping the H-1B lottery for the future, as early as next year. It published two different proposals for the pre-registration process for employers planning to submit petitions in the next H-1B lottery. This year, USCIS changed the H-1B lottery process by…
The denial rate for initial H-1B petitions jumped to an unprecedented 32% during the first quarter of fiscal year 2019, according to a report by the National Foundation for American Policy (NFAP), which analyzed data from U.S. Citizenship and Immigration Services (USCIS). Since fiscal year 2009, the denial rate for initial H-1B petitions never exceeded…
The U.S. Commerce Department could place limits on which companies can sponsor H-1B and O-1A visas. Commerce is evaluating designating artificial intelligence, biotechnology, and other categories as “emerging technologies” that will be subject to export controls. That could pose challenges for tech startups founded by international entrepreneurs or those employing—or looking to employ—foreign talent. If…
U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions. However, USCIS will delay premium processing handling for H-1B petitions submitted for this year’s lottery, which opens on April 1. Two Tracks for Premium Processing This year, only H-1B petitioners who are subject to the lottery and are requesting a…
The Alcorn Immigration Law team’s H-1B season began in December. Since then, we’ve been working with employers preparing H-1B visa applications for the April lottery. Given the increased scrutiny, requests for evidence (RFEs), and denials these applications face, employers and H-1B candidates should focus on assembling the strongest petition they can. Delays, uncertainty about visa…
You might assume U.S. employers facing a tight labor market would increasingly look to foreign talent to fill positions. However, the number of H-1B specialty occupation visa applications that employers filed on behalf of workers in the annual lottery has declined nearly 20% since 2016. The Trump administration is having a chilling effect on U.S.…
If patience is a virtue, then Fernando* and his employer have it in spades. Originally from Bolivia, Fernando started working in 2017 on an F-1 OPT (Optional Practical Training) status as a graphic designer for a Bay Area startup. Fernando quickly became a valued member of the company’s team. With Fernando’s work authorization set to…
Yesterday President Trump suggested he might have plans to provide a path to citizenship for H-1B visa holders. Tech employees, young entrepreneurs, startups, and the U.S. economy stand to benefit if this pathway comes to fruition. “H1-B holders in the United States can rest assured that changes are soon coming which will bring both simplicity…
We start gearing up in December with clients for the annual H-1B lottery in April. With U.S. Citizenship and Immigration Services (USCIS) issuing more Requests for Evidence (RFEs), it’s now more important than ever to get started with preparing an H-1B petition. The Alcorn Immigration Law team continues to win H-1B visas for our clients…
Reps. Anna Eshoo of Palo Alto and Zoe Lofgren of San Jose introduced legislation last week that retains work authorization for H-4 visa holders. Called the H-4 Employment Protection Act, the bill prohibits the Trump administration from revoking the 2015 rule that enabled H-4 visas holders waiting for green cards to obtain employment authorization documents…