USCIS Completes the H-1B Cap Random Selection Process for FY 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

As announced on March 16, 2016, USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

· Extend the amount of time a current H-1B worker may remain in the United States;

· Change the terms of employment for current H-1B workers;

· Allow current H-1B workers to change employers; and

· Allow current H-1B workers to work concurrently in a second H-1B position. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

USCIS Reaches FY 2017 H-1B Cap

From USCIS:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. Due to the high number of petitions, USCIS is not yet able to announce the date it will conduct the random selection process.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

· Extend the amount of time a current H-1B worker may remain in the United States;

· Change the terms of employment for current H-1B workers;

· Allow current H-1B workers to change employers; and

· Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2017 Cap Season Web page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), 

Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Fake Visa School Busted #USCIS #studentvisa #Immigration

http://abcnews.go.com/US/21-people-arrested-alleged-student-visa-fraud-scheme/story?id=38162216

Episode 11 of the Immigration Lawyers Podcast: Interview with OFAC Attorney Mehrnoush Yazdanyar

NEWPORT BIOTECH EB-5 INVESTORS WANT THEIR MONEY BACK, DOCUMENTS SHOW

http://vtdigger.org/2016/04/04/newport-biotech-investors-asking-for-refunds-documents-show/

USCIS Administrative Appeals Office Launches Search Tool for Non-Precedent Decisions

From USCIS:

The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005. Non-precedent decisions apply existing law and policy to the facts of an individual case. The decisions are binding on the parties to the case, but do not apply new or alternative interpretations of law or policy. However, USCIS occasionally “adopts” an AAO non-precedent decision as binding policy guidance for agency personnel. These decisions are available at Adopted AAO Decisions. For AAO precedent decisions, which may announce new legal interpretations or agency policy, visit the website of the Department of Justice’s Executive Office for Immigration Review.

USCIS Tells Employers to Continue to Use Current Form I-9 Until New Version Released

From USCIS:

Until further notice, employers should continue using Form I-9, Employment Eligibility Verification. This current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S. To learn more about Form I-9 visit I-9 Central.