Mark A Ivener, A Law Corporation

Category: H-1B


When Should Employers File Amended H-1B Petitions After Simeio? USCIS Issues Draft Guidance

U.S. Citizenship and Immigration Services (USCIS) recently issued draft guidance following its Administrative Appeals Office (AAO) precedent decision, Matter of Simeio Solutions, LLC, which held that an employer must file an amended H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite… Read More

USCIS Completes Data Entry of All FY 2016 H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in a computer-generated random process. USCIS will begin returning all H-1B cap-subject petitions that were not selected. The agency noted that due to the high volume of filings, the… Read More

H-1B Premium Processing Has Begun

On April 27, 2015, U.S. Citizenship and Immigration Services (USCIS) began premium processing for cap-subject H-1B petitions requesting it, and for petitions seeking an exemption from the H-1B cap for individuals with a U.S. master’s degree or higher. USCIS guarantees a 15-calendar-day processing time for premium processing. For H-1B petitions that are not subject to… Read More

USCIS Completes Lottery for H-1B Cap

On April 13th USCIS completed the H-1B lottery, the random selection process used to meet the annual H-1B cap. Last week USCIS announced they had received more than the 65,000 general category petitions allowed under the cap and more than the 20,000 petitions allowed under the advanced degree exemption. In fact, USCIS received nearly 233,000… Read More

USCIS Reaches H-1B Cap for FY 2016; Premium Processing Starts Soon

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015, that it had reached the congressionally mandated H-1B nonimmigrant visa cap of 65,000 for fiscal year (FY) 2016. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced-degree exemption. USCIS announced on April 13, 2015, that nearly 233,000… Read More