News

Under federal immigration law, USCIS may not issue a green card to a noncitizen that the government believes is likely to rely on government assistance or otherwise become a “public charge.”  In 2019, the Trump Administration expanded the definition of “public charge” to include anyone who has received government benefits (now including Medicaid, food stamps, etc.) for more than 12 months over a three-year period.

In doing so, the Trump Administration ushered in changes to the green card application process, requiring applicants to submit a Form I-944. On this form, applicants were required to disclose their debts/financial liabilities, their assets, information about their health insurance, education level, as well as answer a series of questions about any past benefits received. All of these factors were then balanced in order for USCIS to determine the likelihood of any applicant becoming a “public charge.”

On Tuesday, March 9, 2021, the USCIS’ H-1B registration period will officially open. This period will remain open until March 25, 2021.

During these three weeks, ILBSG will register all prospective H-1B employees for our clients using USCIS’ registration system. At the conclusion of the registration period, USCIS will announce the selections on March 31, 2021. If selected, H-1B petitions will be filed from April 1- June 30, 2021.

U.S. Immigration and Customs Enforcement (ICE) officers used a database of utility and credit records to pursue immigration violations, per public documents found by Georgetown Law researchers.

The private database, CLEAR from Thomson Reuters, compiles information from over 80 utility companies including water, gas, electricity, phone, cable TV, and Internet access. Other information included are employment, housing, vehicle registrations. The Equifax database information is also used. Geographically, coverage is all 50 states, and US territories including the U.S. Virgin Islands, Puerto Rico, the District of Columbia (DC) and Guam.

USCIS expanded Premium Processing to include E-3 Petitioners filing I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification. The E-3 classification is for Australian nationals who if outside the United States may apply through the Department of State. Or, if the Australian national is already inside the United States, by filing form I-129 with USCIS.

Overwhelmingly, the U.S. Citizenship Act of 2021 seeks to make the business-immigration landscape easier as it includes many beneficial changes. For instance, the bill includes a program in which foreign nationals with doctorate degrees in STEM fields can obtain green cards without being subject to a numerical limitation. Further, the bill seeks to increase the number of available employment-based visas each year, and several other provisions seek to reduce the current green card backlogs. Importantly, the bill looks to codify employment authorization for H-4 holders, meaning the future of H-4 EADs would no longer be uncertain. Finally, the bill contains provisions that seek to prevent certain children of H-1B workers from aging out during the green card process. But there are other which would not be beneficial to H-1B visas.

This is an update from USCIS News: USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.

A recent holding from the United States Court of Appeals for the First Circuit has confirmed that a warrant is not required for searches of cellphones and other communication devices at the U.S. border or any U.S. Port of Entry. The court found that these devices can be searched for contraband without probable cause or warrant. ILBSG reminds its clients that the search of cell phones, laptops, and other electronics is very common at the U.S. Ports of Entry. This capability is only reinforced through this court ruling.

In light of recent USCIS announcements, we can now report on what to expect for FY2021.

First, the H-1B Cap will remain a lottery-based system this year, as USCIS will not have time to implement the wage-based system until next year at the earliest. Next, the registration and selection dates have now been announced, with a registration period from March 9 – 25, 2021. Initial selections will be announced on March 31, 2021, with a filing period from April 1 – June 30, 2021 to file the corresponding H-1B petitions.

As we prepare for the upcoming FY 2022 H-1B Cap, it is worth revisiting what we learned last year by examining the timing, trends, and key takeaways from last year’s H-1B Cap.

USCIS has officially announced the FY 2022 H-1B Cap registrations dates. The H-1B registration period will be from March 9 – March 25. Following the completion of the registration process, the H-1B random lottery selection will take place on March 31, 2021. If selected, H-1B petitioners will have 90 days to file the H-1B petition. For those selected in the first round of selections, the anticipated filing period will be April 1 – June 30.

On Monday, USCIS plans to publish notice in the Federal Register formally postponing the H-1B Final Rule modifying the H-1B Cap to a wage-based system until December 31, 2021. As such, the upcoming H-1B Cap will be conducted as usual, using a random lottery system to select candidates for the 85,000 available visas.  This is great news for H-1B employers, as a wage-based system prioritizing the highest wages would disproportionally affect small businesses, particularly during a global pandemic.