May 15, 2018

FY 2019 H-1B Cap Random Selection Process Complete

On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2019 (October 1, 2018 to September 30, 2019).

The H-1B Cap Lottery Process
USCIS received 190,098 new H-1B petitions for FY2019, exceeding the 65,000 visas allocated under the regular statutory cap for Bachelor’s degree holders and the additional 20,000 visas available under the advanced-degree exemption for U.S. Master’s degree holders. Last year, USCIS received over 199,000 H-1B petitions during the FY2018 H-1B cap filing period. USCIS conducted the lottery selection process for H-1B visa petitions submitted seeking the advanced-degree exemption (U.S. Master’s Cap) first. All unselected U.S. Master’s Cap petitions were then included in the second lottery selection process conducted for petitions filed under the regular Bachelor’s degree statutory cap.

What Employers Can Expect
As previously announced, USCIS has suspended premium processing for all H-1B cap-subject petitions. All selected petitions will be processed under the regular processing timeline and petitioners may not receive notice of selection for several more weeks. Any petitions that are not selected under the FY2019 cap will be rejected and returned by USCIS with the filing fees.

Gibney will work with any impacted clients to explore alternatives and options for employees who have not been able to obtain an H-1B visa number under the FY2019 cap.

Cap-Exempt Petitions
As a reminder, USCIS will continue to accept and process H-1B petitions that are cap-exempt. These include filings for extensions, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt. At this time, premium processing remains in place for H-1B petitions that are cap-exempt.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.

May 1, 2018

Chambers USA 2018 Recognizes Gibney’s Immigration Group

Gibney is pleased to announce that the 2018 edition of Chambers USA has recognized the Immigration Practice.

The Immigration Group was recognized for delivering both US and global immigration solutions. Chambers also noted that the firm “Offers an interdisciplinary approach to its immigration services, collaborating with other departments within the firm on issues such as employment, tax and social security.”

Stephen Malby, Head of the Immigration Group, was also recognized as a Leader in the Field of Immigration. His practice includes advising multinational financial services companies on creating and implementing immigration programs.

Chambers USA ranks leading firms and lawyers in a range of practice areas throughout America. Chambers conducts in-depth interviews with lawyers and their clients in the selection process.

April 13, 2018

FY2019 H-1B Cap Random Lottery Selection Process Complete

On April 12, 2018, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2019 (October 1, 2018 to September 30, 2019).

The H-1B Cap Lottery Process
USCIS received 190,098 new H-1B petitions for FY2019, exceeding the 65,000 visas allocated under the regular statutory cap for Bachelor’s degree holders and the additional 20,000 visas available under the advanced-degree exemption for U.S. Master’s degree holders. Last year, USCIS received 199,000 H-1B petitions during the FY2018 H-1B cap filing period. USCIS first conducted the lottery selection process for H-1B visa petitions submitted seeking the advanced-degree exemption (U.S. Master’s Cap). All unselected U.S. Master’s Cap petitions were then included in the second lottery selection process conducted for petitions filed under the regular Bachelor’s degree statutory cap.

What Employers Can Expect
As previously announced, USCIS has suspended premium processing for all H-1B cap-subject petitions. All selected petitions will be processed under the regular processing timeline and petitioners may not receive notice of selection for several more weeks. Any petitions that are not selected under the FY2019 cap will be rejected and returned by USCIS with the filing fees.

Gibney will work with any impacted clients to explore alternatives and options for employees who have not been able to obtain an H-1B visa number under the FY2019 cap.

Cap-Exempt Petitions
As a reminder, USCIS will continue to accept and process H-1B petitions that are cap-exempt. These include filings for extensions, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.

April 13, 2018

FY2019 H-1B Cap Reached

United States Citizenship and Immigration Services (USCIS) announced today that it has reached the cap for new H-1B petitions filed for Fiscal Year (FY) 2019. The U.S. advanced-degree exemption to the statutory cap has also been met.

Lottery Selection
Because USCIS has received more H-1B visa petitions than are available under the FY2019 quota, any petitions received between April 2 and April 6, 2018 will become part of a random lottery selection process.

H1-B Cap Exemptions
USCIS will continue to accept and process petitions that are cap-exempt. These include filings for extensions, amended petitions, changes of employer, concurrent employment for existing H-1B workers and petitions filed by organizations that are cap-exempt.

What Employers Can Expect
USCIS has not confirmed when petition selection will be completed. Petitioners may not receive notice of selection for several weeks or more.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.

March 29, 2018

USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

U.S. Citizenship and Immigration Services (USCIS) has just announced that it will temporarily suspend Premium Processing for all Fiscal Year (FY) 2019 H-1B cap-subject petitions.

USCIS will continue to accept Premium Processing for non-cap subject petitions, including H extensions, H amendments, and H change of employer cases.

Petitioners may request expedited processing of H-1B cap petitions if they meet certain criteria listed on the USCIS Expedite Criteria page.

What to Expect:

  • USCIS has advised that this suspension is expected to last until Sept. 10, 2018.
  • Based on 2017 H-1B cap lottery process, we expect USCIS may issue receipt notices for FY2019 cap-subject H-1B petitions by the end of May, and adjudications (or Requests for Evidence) may take place between July and September.

Gibney is actively monitoring developments and we will provide an update when Premium Processing for cap-subject H-1B petitions resumes.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 29, 2018

USCIS Announces E-Verify Unavailable March 23 – 26, 2018

U.S. Citizenship and Immigration Services (USCIS) has announced that E-Verify will be unavailable from Friday, March 23 at 12:00 A.M. to Monday, March 26 at 8:00 A.M. EDT due to a system update.

USCIS has released a fact sheet containing the following guidance:

  • The following services will be unavailable during the update:
    • Enrolling in E-Verify
    • Creating new cases
    • Viewing or updating any existing cases
    • Creating, updating, or deleting user accounts
    • Resetting passwords
    • Editing company information
    • Running reports
    • Terminating enrollment

While E-Verify is unavailable:

  • The three day rule for creating E-Verify cases will be suspended.  Employers will have until March 29 to submit E-Verify queries for all employees hired or rehired between March 20 and March 26.
  • The time period during which employees may resolve TNCs will be extended by two federal working days.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

February 28, 2018

David Johnson to Present U.S. Employment Visa Seminar

David Johnson is presenting “U.S. Employment Seminar: A Guide for Young Professionals” to the Norwegian American Chamber of Commerce.

This seminar will address:

  • U.S. Immigration Basics: The H-1B Visa and Alternatives
  • Policy Changes & Practical Tips: Impact on Workers and Operations

David is a partner in Gibney’s Immigration and Emerging Business Groups.  He assists corporate and individual clients with all types of immigrant, nonimmigrant, and citizenship matters and provides advice on immigration-related onboarding compliance issues.

 

Immigration

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January 23, 2018

Immigration Related Services Functioning as Government Shutdown Ends

As an update to the recent alert “Government Shutdown Impacts Immigration Related Services” on January 23rd, 2018, the U.S. Congress passed a short-term spending bill to fund the government through February 8th, 2018. All government services, including immigration services which were temporarily suspended during the shutdown, have now resumed. At this time, it is unclear whether the government will face a similar shutdown in February, which would again affect immigration services.

Gibney will be closely monitoring the situation and we will provide updates as needed. If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

January 22, 2018

Government Shutdown Impacts Immigration Related Services

The failure of Congress to reach an agreement regarding the federal budget resulted in a government shutdown effective January 20, 2018 at 12:01 AM. The shutdown is expected to impact immigration related services provided by the U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP) and the U.S. Department of State (DOS).

U.S. Department of Labor
DOL will not process, nor accept for processing, Labor Condition Applications (required for H-1B, H-1B1 and E-3 visa applications), Prevailing Wage Requests, and PERM labor certification applications. Additionally, DOL will not adjudicate applications or PERM audit responses filed prior to the shutdown. When the last government shutdown resolved in 2013, DOL did make provisions to allow for the late filing of PERM applications with expired recruitment and PERM audit responses that were not filed due to the shutdown.

U.S. Citizenship and Immigration Services
Because USCIS application and petition adjudications are primarily funded by user application fees, USCIS is expected to continue operations without great disruption. However, the DOL shutdown discussed above will impede the filing of visa petitions that require a certified Labor Condition Application as a precondition for filing, including H-1Bs, H-1B1s, and E-3s as referenced above. USCIS has not yet announced whether it will accept H-1B, H-1B1, and E-3 extension of status petitions if such petitions are filed without a certified LCA.

In contrast, USCIS E-Verify service is suspended. During the shutdown, employers will not be able to enroll in E-Verify or to access their E-Verify accounts to verify the employment eligibility of new hires and resolve tentative non-confirmations (TNCs). E-Verify customer service, online webinars and training sessions, and the Self-Check program will also be unavailable during the shutdown. Employers must still comply with their Form I-9 obligations.

U.S. Customs and Border Protection
CBP personnel, responsible for inspection and law enforcement at U.S. ports of entry, are considered “essential personnel” and U.S. borders and Preflight Inspections (PFI) areas remain open. However, there may be staffing adjustments that could result in increased wait times to clear inspection and secure admission to the U.S. Additionally, petitions that are adjudicated by CBP officers at the border and PFI areas, including TN applications and L-1 petitions for Canadian citizens, could be impacted by the shutdown if such functions are deemed nonessential.

U.S. Department of State
U.S. Embassies and Consulates remain open and will continue to process visa applications as long as funding remains in place. Visa application processing times may be delayed due to staffing adjustments or slowdowns at other federal agencies responsible for processing the security clearances required for visa issuance. A prolonged shutdown could ultimately exhaust DOS appropriations and result in the suspension of visa processing functions for all but emergency cases. Foreign nationals intending to apply for a visa at a U.S. Consulate abroad or intending to travel outside the U.S. without a valid visa in their passport should consult with immigration counsel prior to making definitive plans.

Other Functions Impacted
Employers and foreign nationals should note that the Social Security Administration (SSA), while open, will not accept or process applications for social security numbers. This will impact foreign nationals who require a social security number to be placed on payroll, obtain a driver’s license, and/or open bank accounts.

The situation posed by the federal government shutdown remains fluid, and the impact on immigration related services may change the longer the shutdown persists. Gibney will be closely monitoring the situation and we will provide updates as needed. If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.