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On Friday, April 5, 2019, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B petitions needed to reach the annual 65,000 regular cap, making 2019 the seventh year in a row in which the cap was reached within the first five working days of April.  USCIS has not

On March 11, 2019, USCIS will publish a revised Form I-539 with an edition date of February 4, 2019. Effective March 11, USCIS will only accept the new I-539; all previous editions will be rejected.  In addition, the agency will introduce a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to change

The Department of Homeland Security (“DHS”) has posted a final rule regarding the H-1B cap selection process. The rule will be published in the Federal Register on January 31, 2019 and will go into effect on April 1, 2019.

The Final Rule

The posted rule is the final version of the proposed rule titled “Registration Requirement for Petitions Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens,” which was published for public comments on December 3, 2018.  During the 30-day comment period, the proposed rule received over 800 public comments.
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Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April.  This year, employers must also monitor for potential regulatory changes to the filing process.  On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.”  The 30-day public comment period closed January 2, 2019, and employers remain in wait for the impact to this year’s cap-subject filings.  While President Trump tweeted about H-1B changes that “are soon coming,” it is not clear whether they relate to the proposed rule.

The proposed rule seeks to accomplish two goals: streamline the H-1B selection and filing process by creating a pre-registration system, and increase the chances of selection for H-1B petitions eligible for the advanced degree exemption by reversing the order in which the cap lotteries are run.

US Citizenship & Immigration Services (the agency responsible for immigration benefits within DHS) received over 800 comments on the proposed regulation, including comments from the US Chamber of Commerce, the American Medical Association, and the American Immigration Lawyers Association.  The public comments criticize the proposed timeline and logistics, identify impacts stretching beyond immigration law, and suggest that the proposed rule may face court challenges if implemented:


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The federal government has entered its fourth week of a partial shutdown since December 22, 2018 because of a budget impasse between Congress and the White House.  This shutdown is the longest since 1995-1996, when the federal government was closed for 21 days, and now represents the longest lapse in federal funding in recent history.

Many agencies and departments continue operations through this shutdown because of previously approved funding bills or the essential nature of their personnel.  The information below summarizes the operating status of agencies responsible for immigration-related activities most relevant to employers.
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