The iBlog

(News and views from IBLF staff and attorneys)

Immigration Law

Beginning April 1, 2015 - USCIS Will Accept H-1B Petitions for Fiscal Year 2016

On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

USCIS May Accept a TPS Late Re-registration Application if there is a 'Good Cause'

If you are a Temporary Protected Status (TPS) beneficiary who is eligible to re-register for TPS but did not file your application before the deadline for your re-registration period, USCIS reminds you to follow the guidance on our TPS web page under “Filing Late.”

H-2B Petition Processing Halted by USCIS and DOL after Federal District Court Decision

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).

Effective May 26, 2015, DHS will Extend Employment Authorization Eligibility to H-4 Spouses of Certain H-1B Workers

DHS recently announced an extension to Employment Authorization eligibility to H-4 spouses of certain H-1B workers who have already started the process of seeking employment-based lawful permanent resident status.

H1B Visa Filing for Fiscal Year 2016

On April, 1, 2015 USCIS will begin accepting H1B applications. It is expected that the quota of H1B visas will be filled the first day by lottery because the need in our current economy for specialized computer skills exceed the total H1B visas allocated by the U.S. Congress for the year 2015. In other words, the FY 2015 H-1B Cap Count will remain the same:

Employment Authorization Extension for Syrian Citizens with a F-1 Nonimmigrant Student Status

F-1 nonimmigrant students whose country of citizenship is Syria and who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011, have been granted temporary relief by The Department of Homeland Security (DHS). As of January 5, 2015 through September 30, 2016, an extension of an earlier suspension of the applicability of certain requirements governing on-campus and off-campus employment for F-1 nonimmigrant students has been granted.

TPS Extension and Redesignation of the Syrian Arab Republic

A recent notice by The Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of the Syrian Arab Republic for Temporary Protected Status (TPS) for 18 months. The extension allows currently eligible beneficiaries to retain TPS from April 1, 2015, through September 30, 2016. Additionally, Syria has received a redesignation TPS for 18 months, effective April 1, 2015 through September 30, 2016.

TPS Extended Through 9/9/16 for El Salvador

A recent notice by The Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of El Salvador for Temporary Protected Status (TPS) for 18 months from March 10, 2015, through September 9, 2016.

5 New Countries Designated to have Eligible Nationals Participate in the H-2A and H-2B Nonimmigrant Worker programs

Five new countries are eligible to participate in the H–2A and H–2B Nonimmigrant Worker programs for the first time. The newly designated countries include the Czech Republic, Denmark, Madagascar, Portugal, and Sweden. This determination is effective January 18, 2015. Additionally, 63 countries previously designated in the January 17, 2014 notice continue to be eligible.