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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
May 2018
Immigration News Briefs

H-1B Cap Random Selection for FY 2019 Completed
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.

USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6 that it had received enough petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000.

Selection for the master’s cap was conducted first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 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.

Applications were down this year, even more than last year. This could be due to stricter guidelines, in the form of memos released by DHS, which require much more documentation in support of H-1Bs for third party placements. These memos have been referenced in previous Khabar Immigration columns. This has had a dampening effect for many companies, especially in the IT field, who are discouraged by the upturn in denials of H-1B petitions.

Members of Congress Support H-4 EADs
Fifteen members of Congress wrote a joint letter to the U.S. Department of Homeland Security (DHS) Secretary Kirstjen Nielsen in March 2018 to urge her to reconsider the DHS plan to terminate the program that allows certain H-4 spouses to obtain H-4 EAD.

U.S. Congressional members from California argue that terminating the H-4 EAD program would create significant financial hardship and uncertainty for many highly skilled professionals and their families. H-4 spouses also help the U.S. economy to grow, as many H-4 spouses employ U.S. citizens through starting their own companies; so ending the program would also result in the loss of jobs for Americans.

The H-4 EAD program was in jeopardy earlier this year, but the rule to rescind EADs was delayed from February until June 2018. As of December 25, 2017, there were 90,946 new applications and 35,219 extension applications.

APPLICATION FINAL ACTION DATES FOR May  2018

 

FAMILY

India

Pakistan/Bangladesh

1st

08Apr11

08Apr11

2A

01June16

01June16

2B

15May11

15May11

3rd

01Feb06

01Feb06

4th

01Mar04

01Oct04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

01Jan12

Current

2nd

22Dec08

Current

3rd

01May08

Current

Other

01May08

Current

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - May 2018

 

FAMILY

India

Pakistan/Bangladesh

1st

08Jan12

08Jan12

2A

22Sep17

22Sep17

2B

08Sep11

08Sep11

3rd

08Sep06

08Sep06

4th

01Dec04

01Apr05

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Apr09

Current

3rd

01Sep08

Current

Other

01Sep08

Current

4th

Current

Current

5th

Current

Current1B

https://www.uscis.gov/visabulletin-may-18

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