H-1B and E-3 Visa

State Department Eliminates Two Interview Locations in China for H and L Visas

Starting on March 1, 2019, H visa and L visa interviews in Mainland China will only be conducted at the U.S. embassy in Beijing, the U.S. consulate in Guangzhou, and the U.S. consulate in Shanghai. Interviews for these visas will…

Jenny ZhanFebruary 1, 2019

H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

H-1B Cap Registration Lottery to be Postponed Until Next Year

The Department of Homeland Security has announced in an advanced copy of the new H-1B regulation that the cap registration system will be postponed until the next filing period in 2020. When implemented, employers have to register for the lottery…

Jenny ZhanJanuary 30, 2019

H-1B and E-3 Visa Immigration

H-1B Cap Registration Rule Clears Federal Review

On January 14, 2019, USCIS sent the final version of the new H-1B cap registration rule to the Office of Management and Budget. Today, the rule has been cleared OMB review, the final step before the rule’s publication and implementation.…

Jenny ZhanJanuary 28, 2019

H-1B and E-3 Visa Immigration

USCIS Resumes Premium Processing For H-1B Cap Applications

USCIS has announced that it will resume premium processing on January 28, 2019 for all pending FY 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Premium processing was suspended in September last year…

Jenny ZhanJanuary 25, 2019

H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

USCIS Sends Final Version of New H-1B Cap Registration Rule to OMB

USCIS has sent the final version of the new H-1B cap registration rule to the Office of Management and Budget, moving the proposal closer to completion. The OMB has up to 90 days to review the regulation but is anticipated…

Jenny ZhanJanuary 14, 2019

H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

USCIS Moves Closer to Implementing Pre-Register H-1B Cap Selection System

On Monday, the Office of Management and Budget (OMB) approved a USCIS proposal altering the H-1B Cap procedure, the new proposal is expected to be published for public comment in the near future. For information about the current H-1B cap…

Jenny ZhanNovember 26, 2018

H-1B and E-3 Visa Immigration

Revised Labor Condition Application

In the coming days, a revised Labor Condition Application (LCA) will be published in the Federal Register that will require employers to name the end-client or vendor for H-1B, H-1B1, or E-3 worker who will be placed at a third-party…

Jenny ZhanOctober 26, 2018

Family Immigration H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

USCIS to Implement Notice to Appear Policy in Phases

Originally reported on July 10, 2018, USCIS issued a policy memorandum which stated that USCIS will issue Notice to Appear (NTA) to any foreign nationals whose adjustment of status applications are denied. An NTA is a document that is issued…

Jenny ZhanSeptember 27, 2018

H-1B and E-3 Visa

Premium Processing Fee Increased

The Department of Homeland Security have announced that starting from September 30, 2018, the Form I-907 premium processing fee will increase from the current $1225 to $1410. Premium processing is an expedited service offered by USCIS where employers can pay…

Jenny ZhanAugust 30, 2018

H-1B and E-3 Visa

Premium Processing Suspended for Some H-1B Applications Through February 2019

USCIS has extended and expanded the suspension of premium processing for certain H-1B cases. This suspension affects Fiscal Year 2019 pending cap cases and, starting from September 11, 2018, most changes of employer, changes of status, and amendment applications. This…

Jenny ZhanAugust 29, 2018

H-1B and E-3 Visa

No Deadline for New Regulation to Rescind H-4 Visas Yet

The Department of Homeland Security has notified the courts that the draft rule to rescind H-4 work authorization, one that was supposed to be announced by February, then postponed to June 2018, was still being finalized. The rule was originally…

Jenny ZhanAugust 21, 2018

H-1B and E-3 Visa

USCIS Reverse Decision to Allow Offsite STEM OPT Workplace Placement

In May 2018, USCIS quietly changed the rules for offsite STEM OPT workplace placement on its website that disallowed STEM OPT students from being placed with a third party. For many foreign nationals who travel to the United States to…

Jenny ZhanAugust 20, 2018

H-1B and E-3 Visa

USCIS Completes Return of Unselected H-1B Cap Petitions

USCIS have finished returning unselected H-1B petitions that were not selected in the FY2019 cap lottery. Employers should receive petition packages and fee checks by August 13, 2018. This year, a total of 190,098 H-1B cap petitions were received, of…

Jenny ZhanAugust 9, 2018

Client Advice H-1B and E-3 Visa Immigration

I am Applying for my Green Card through an Employer. How Should I Prepare for my Green Card Interview?

On March 6, 2017, President Trump signed Executive Order 12780, which, among other things, called for the implementation of standardized vetting procedures for immigration benefits, including in-person interviews. Based on this Executive Order, U.S. Citizenship & Immigration Services (“USCIS”) now…

Jenny ZhanJuly 5, 2018

H-1B and E-3 Visa

What is an E-3 Visa? Am I eligible to Work in the United States with an E-3 Visa

For many foreign nationals, the E-2 visa is an excellent visa option that permits the applicant to live and work in the United States. The E-2 visa requires an investor applicant to invest a substantial sum of money to either…

Jenny ZhanJune 26, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Changes Policy Relating to Employer’s Training Obligation for STEM OPT Employees

For many foreign nationals who travel to the United States to study and earn a bachelor’s degree in the fields of science, technology, engineering or mathematics (“STEM”), the 24-month extension of their Optional Practical Training (“OPT”) is a critical to…

Jenny ZhanMay 25, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Signals the End of H-4 Spousal Work Permits

In a letter dated April 4, 2018, The Director of USCIS Francis Cissna confirmed to the U.S. Senate Judiciary Committee that the proposal to end H-4 worker’s authorization moves closer to completion. The H-4 work authorization visa (H-4 EAD) was…

Jenny ZhanMay 24, 2018

H-1B and E-3 Visa

Trump Administration to Increase Worksite Investigations

The Trump Administration has announced on May 14, 2018 that it has dramatically increased the number of worksite investigations and audits to make sure that American businesses are not employing people illegally in addition to the avenues that already exist…

Jenny ZhanMay 21, 2018

H-1B and E-3 Visa

USCIS Completes H-1B Cap Subject Petitions Selections

The United States Citizenship and Immigration Services (USCIS) have announced on May 15, 2018 that it has completed data entry for all FY 2019 H-1B cap-subject petitions. This year, a total of 190,098 H-1B cap petitions were received, of this,…

Jenny ZhanMay 15, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Tightens Language on Employer-Employee Relationship and Third-Party Placement for STEM OPT Students

The United States Citizenship and Immigration Services (USCIS) quietly revised the STEM OPT requirement page, showing only as “last reviewed/updated”, on January 24, 2018. USCIS revised the Optional Practical Training (OPT) temporary employment for F-1 students working in the science,…

Jenny ZhanMay 8, 2018

H-1B and E-3 Visa

USCIS Released H-1B Numbers

The United States Citizenship and Immigration Services (USCIS) have released Fiscal Year 2019 H-1B application numbers. This year, a total of 190,098 H-1B cap petitions were received, of this, 95,885 were submitted towards the cap exemption of 20,000 for holders…

Jenny ZhanApril 13, 2018

H-1B and E-3 Visa

USCIS Completes the H-1B Cap Random Selection Process for FY 2019

The United States Citizenship and Immigration Services (USCIS) announced today that it has completed the two lotteries to choose the H-1B applications that will be processed this fiscal year. In total, USCIS received 190,098 H-1B cap petitions between April 2…

Jenny ZhanApril 12, 2018

H-1B and E-3 Visa

The H-1B Cap has been Reached!

The United States Immigration and Citizenship Services (USCIS) has announced on April 6, 2018 that the H-1B cap has been reached before the April 7, 2018 deadline. As such, the agency will reject any cap subject petitions received after April…

Jenny ZhanApril 6, 2018

H-1B and E-3 Visa

I am a Foreign Student Planning a Change of Status to H-1B – Can I Travel?

If you are an F-1 student and an H-1B cap petition to change status to H-1B has been filed on your behalf, traveling internationally could impact your ability to change status and reenter the United States. It is very important…

Jenny ZhanMarch 29, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS to Suspend Premium Processing for all FY 2019 H-1B Cap Filings

The United States Citizenship and Immigration Service (USCIS) announced on March 20, 2018 that, starting from April 2, 2018, premium processing for all fiscal year 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree…

Jenny ZhanMarch 22, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Toughens Requirements for Third-Party Placement of H-1B Employees

A new USCIS policy memorandum issued on February 22, 2018 requires H-1B employers to disclose detailed information about vendor and end-client relationships when petitioning for employees who will be placed at third-party sites. Some staffing agencies seek hard-to-get H-1B visas…

Jenny ZhanMarch 6, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Restricts Use of Powers of Attorney

In a new policy memorandum issued on February 16, 2018, USCIS will no longer accept an employer’s applications or petitions if they are signed by outside counsel under power of attorney. Filings made on behalf of a corporation or other…

Jenny ZhanMarch 5, 2018

H-1B and E-3 Visa

H1-B Premium Processing Suspension

The United States Citizenship and Immigration Services (USCIS) may impose a short suspension of the 15-day premium processing service for FY 2019 H-1B cap filings. The suspension and amount of time premium processing may be suspended for is currently unclear.…

Jenny ZhanJanuary 30, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

No Procedural Changes for H-1B FY2019 Cap Season

The United States Citizenship and Immigration Services’ Service Center Operations Directorate (USCIS SCOPS) confirmed that it is not anticipating any procedural changes for the Fiscal Year 2019 H-1B cap season. USCIS intends to follow the same procedures that were used…

Jenny ZhanJanuary 26, 2018

Foreign Language Articles H-1B and E-3 Visa Immigration

什么是H-1B签证？我是否有资格申请H-1B签证？

H-1B是一种非移民签证，允许美国雇主临时雇用外国工作者从事特殊职业。要获得签证的资格，受益人（外国雇员）必须具有学士学位或同等学历，并且从事的职位有学位要求，并且申请人（美国公司）与受益人之间必须存在有效的雇主 - 雇员关系。申请由雇主提交，受益人不需要在申请书上签字。 (more…)

Jenny ZhanJanuary 8, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Plans to Terminate Work Permits for Certain H4 Visa Holders

The Department of Homeland Security (“DHS”) under the Trump Administration may implement new guidelines terminating a 2015 Rule that extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who sought employment-based lawful permanent resident (“LPR”) status.…

Jenny ZhanDecember 11, 2017

H-1B and E-3 Visa Immigration

Recent Trends In Adjudication of H-1B Petitions Reveal Increased Scrutiny by USCIS

Recent Trends In Adjudication of H-1B Petitions Reveal Increased Scrutiny by USCIS Many studious readers of Scott Legal’s blog are familiar with the recent changes to the U.S. Immigration system arranged by the Trump Administration. One promise President Trump frequently…

Jenny ZhanDecember 1, 2017

H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

H-1B Premium Processing Resumed for All Petitions

USCIS has now resumed premium processing for all H-1B visa petitions. Prior to the start of the H-1B season this year, USCIS announced that they would halt the premium processing service for H-1B petition which normally allows for an adjudication…

IanScottOctober 9, 2017

H-1B and E-3 Visa Immigration Immigration Law Changes & New Law

USCIS Announces It Will Resume Premium Processing for All H-1B Petitions by October 3, 2017

On September 27, 2017 USCIS stated that it plans to resume premium processing for all H-1B petitions on or before October 3, 2017. There has not been a formal announcement as of yet, however, as this statement was issued during…

IanScottSeptember 27, 2017

H-1B and E-3 Visa Immigration

Positive News in Otherwise Dark Times: USCIS Resumes Premium Processing for all H-1B Pending Petitions Subject to the Fiscal Year (FY) 2018 Cap

With the sun setting fast on Fiscal Year 2017 at the end of this month, USCIS announced on Monday, September 18 that Premium Processing will once again be available for all pending petitions subject to the 65,000 annual cap. In…

IanScottSeptember 20, 2017