Categories News & Updates USCIS

USCIS Organization Account Rollout Next Month

Earlier this month, we were excited to share with you that the USCIS would be allowing for e-filing of H-1B cap-subject petitions. On Wednesday, January 24, 2023, USCIS held a webinar for legal representatives on their new online organization accounts rollout. The enhancements to their online account system, which include the ability to file H-1B petitions and premium processing requests online, go live February 2024, just in time for the FY2025 H-1B registration period and H-1B cap season petition filings.

USCIS hopes that these new features will foster further collaboration between legal representatives and H-1B petitioning companies. With the rollout, H-1B petitioning companies will assume a larger role in the H-1B registration process and online filing system with the creation of company groups. Each company group will have one or more administrator who has the authority to pay for and file petitions on behalf of the company as well as group members.

As of now, there are limitations to the new organization accounts system that will render law firms unable to implement on a large scale. For instance, concurrent filing of H-1B petitions and H-4 dependent applications is not going to be available in February, and the ability to upgrade a paper I-129 petition to premium processing will also not be available in February.

USCIS’s mission to modernize its filing system is a welcome sign that other filing and case processing enhancements may be coming in the near future. We are monitoring these changes and will provide updates as they are available.

Please contact us at info@grahamadair.com or (408) 715-7067 with questions about this topic or other immigration inquiries.

 

Categories News & Updates USCIS

275,000 H-1B Cap Cases Registered

On April 1, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it had received?approximately 275,000 submissions for H-1B applications in the electronic lottery that was conducted at the end of March.? They reported that 46% of applications?were for individuals who hold advanced U.S. degrees. This was an increase of approximately 74,000 cases over the number that was received?last year in the H-1B cap.

 

In total numbers, this means that beneficiaries had less than a 31% chance of selection. Cases filed under the advanced U.S. degree cap had a higher chance, although we don’t know the total number of these applicants so we cannot say for sure what the likelihood of success was. We estimate that the chances of selection for cases filed under the advanced U.S. degree cap was somewhere between 40% and 50%.

 

It seems that the lower cost threshold of $10 per registration lowered the barrier to entry enough to result in a surge of submissions.

 

Registrations that have not been selected will be held in reserve. Between March 31, 2020 and Oct. 1, 2020, in the event that USCIS needs to select registrations from the reserve to meet the H-1B regular cap and the advanced U.S. degree cap, it may select from registrations held in the reserve to meet such allocations.

 

Graham Adair will be checking unselected cases regularly until USCIS sends out rejection notices. If you have any questions, please contact your Graham Adair representative.

Categories News & Updates USCIS

USCIS Suspends Premium Processing Due to COVID-19

Effective March 20, 2020, USCIS cited staffing concerns due to COVID-19 in announcing it will temporarily suspend premium processing for all Form I-129 and I-140 petitions until further notice. The suspension applies to the following categories:

 

  • I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

 

  • I-140: EB-1, EB-2 and EB-3.

 

Premium processing will remain suspended for all FY 2021 H-1B cap petitions.

 

USCIS will process any previously accepted premium processing (Form I-907) requests, but will not be able to send notices using pre-paid envelopes. Petitioners who have filed Form I-129 or Form I-140 via premium processing but have not received any agency action within the 15-calendar-day period will receive a refund.

 

Premium processing requests that were mailed before March 20, 2020, but accepted after this date, will be rejected. USCIS will send an announcement once premium processing is available.

 

If you have any questions, please contact your Graham Adair representative.

Categories News & Updates USCIS

USCIS Implements New H-1B Registration Requirement

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that it had completed a pilot program to test its new H-1B registration system. We previously reported, that USCIS has been pushing to implement this new process for the upcoming H-1B lottery season. Because of the new technology and potential for issues, USCIS had decided to not implement the registration requirement for the H-1B cap that was run earlier this year. However, USCIS determined that the testing phase was sufficiently successful for implementation in the upcoming FY2021 H-1B cap.

 

Therefore, companies seeking to file H-1B petitions in this year?s H-1B lottery must first pay the required fee and provide basic company information, as well as information about each beneficiary to be included in the electronic lottery.

 

The registration process will go from March 1 through March 20. The lottery selection process will then be run on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions. USCIS plans to continue running a separate lottery for those with advanced U.S. degrees as part of this registration system.

 

There are still many uncertainties with how this system will work, including the impact it will have on those individuals who need ?cap-gap? coverage to continue working. Graham Adair will be reviewing the potential H-1B cases for our clients and providing specific advice on H-1B cap strategy for this coming fiscal year.

 

In the coming days, USCIS will post additional instructions along with key dates. We will continue to provide updates as they become available. If you have any questions, please feel free to contact your Graham Adair representative. For more frequent updates, please follow us on Twitter (@GrahamAdairLaw).