While the holidays are over and winter is settling in, things on the immigration front are heating up. The government is still in partial shutdown over funding for the border wall with no resolution in sight. Below you will find a summary of the various agencies that touch immigration and how the shutdown may affect your case. It is also time to start thinking about any H-1B cases your company may want to file.
Cap-Subject H-1B Filing Period for Fiscal Year 2020 Quickly Approaching
As we enter the new year, employers should be aware that the filing period for cap-subject H-1B petitions is growing closer. The filing period this year will begin on April 1 and run through April 5. It is important to allow enough time to prepare these applications, so we recommend reaching out as soon as possible to begin the process for any employees whom you may want to sponsor. Those who are selected and approved for an H-1B visa will be eligible to begin working in H-1B status at the beginning of Fiscal Year 2019, which is October 1, 2019.
The cap will also remain the same, at 65,000 for the regular cap, and 20,000 for the Masters cap. Individuals with a Bachelor’s degree are eligible for the regular cap lottery, while those with a Master’s degree or higher from a U.S. institution are eligible for the Master’s cap. Those not selected in the Master’s cap will be added to the regular cap.
We encourage employers to identify any employees or prospective employees that they may want to sponsor for an H-1B visa as soon as possible, so the necessary steps can be taken to ensure the timely filing of the case. More information about the H-1B process can be found here.
Proposed Rule for H-1B Registration, is it too Late?
On January 3, the comment period expired for the proposed rule by USCIS that would require all employers filing cap-subject H-1B petitions to electronically register with USCIS during a pre-determined period of time. Over 750 comments were made on the proposed rule. No final rule can be published until all comments are considered.
It is unlikely at this point that USCIS has enough time to implement such drastic changes to H-1B selection. Forcing employers to adjust to a new system so soon before the selection process has the potential to become both costly and disruptive, with employers unable to hire employees in a timely manner. We will continue to monitor the situation and keep you updated on any negative effect this may have on the H-1B petition process. For a full description of the regulation, please see here. In the meantime, we are proceeding as usual with cap H-1B petitions. If you have additional questions, please do not hesitate to contact us.
Premium Processing for FY-2019 H-1B Cap Cases Due to Resume
United States Citizenship and Immigration Services (USCIS) suspended premium processing for cap-subject H-1B petitions early in the H-1B season last year. We expect this suspension will last until Feb. 19, 2019. USCIS will notify the public before resuming premium processing for these petitions. More information can be found here about premium processing. If you are still waiting for the adjudication of a cap-subject case, we will be sure to keep you updated on the status of premium processing.
Will the U.S. Federal Government Shutdown Affect Your Immigration Case?
The U.S. federal government is currently shut down pending an agreement by Congress on a federal budget. The following agencies are not funded and are impacted by the government shutdown:
U.S. Department of State
The Department of State processes passport and visa applications at consulates. For clients traveling internationally who were planning to renew a nonimmigrant visa while abroad, the shutdown may delay their return to the U.S. Visa issuances and consular interviews may also be suspended with very limited (humanitarian emergency) exceptions. We have not yet seen an impact on visa appointments, but it is possible that they may be cancelled and seriously delayed in the future. American citizen services have continued to operate overseas as an “essential” government function.
U.S. Customs and Border Protection
Because Customs and Border Protection inspection and law enforcement officers are considered “essential” personnel, ports of entry will remain open. However, the processing of applications filed at the border, such as TN applications, may be affected. There will likely be no effect for clients traveling internationally who have an unexpired visa. It is possible that the current administration could try to limit the scope of CBP operations at airports during any shutdown, potentially making travel by nonimmigrant visitors and workers more difficult, but this has not happened yet.
Other Agencies
The Department of Homeland Security’s office of the USCIS Ombudsman will be closed and will not accept online inquiries. ICE enforcement and removal operations will continue.
The following agencies are expected to experience minimal impact from the government shutdown:
U.S. Citizenship and Immigration Service (USCIS)
USCIS, which is fee-based, will continue to receive and process visa petitions and other applications.
U.S. Department of Labor
The Department of Labor, which processes Labor Condition Applications for H-1B, H-1B1, and E-3 cases, as well as prevailing wage requests and PERM applications, has had its full year funding authorized and will continue its operations.
We will be sure to update you on the status of the government shutdown. More information about the shutdown can be found here. We will continue to prepare cases so that we can move forward with any filings held during the shutdown once it has ended. If you have any questions about this news update and how it may affect your case, please do not hesitate to contact our office.
Visa Bulletin
The Visa Bulletin includes “Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for January 2019 is available here.
Recent Comments