Tag Archives: f-1

USCIS Announces H-1B Cap Registration Period

USCIS Announces H-1B Cap Registration Period

USCIS announced that the H-1B cap registration period will open on March 1, 2022 and will close on March 18, 2022. USCIS will make the selections by March 31, 2022. Selected registrations may apply for the H-1B, which allows the beneficiary to begin working on October 1, 2022, the start of the new fiscal year.

Challa Law Group will continue to offer a tiered approach to registration. Read more about which option is right for your company: Planning for the H-1B Cap Registration System.

From USCIS (January 29, 2022): 

U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.

USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If we receive enough registrations by March 18, we will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. We intend to notify account holders by March 31.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

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Send your resume to info@challalaw.com to determine whether you may be a good candidate for a waiver of the labor market test!

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DHS Expands STEM OPT Fields to Attract Global Talent

In order to maintain global competitiveness, the Department of Homeland Security has announced several policy guidance shifts to encourage those in science, technology, engineering, and mathematics (STEM) fields to contribute to the U.S. economy. DHS announced 22 additional fields of study that now qualify for the STEM Optional Practical Training (OPT) program going forward, which allows students to work in a field that is directly related to his or her degree. Related to that announcement, DHS also issued new guidance for how USCIS evaluates O-1A petitions for individuals of “extraordinary ability” in STEM fields, as well as how certain individuals may qualify for a National Interest Waiver (NIW) for employment-based permanent residence. This would allow certain noncitizens with advanced degrees or exceptional ability to petition for an employment-based category without obtaining certification from the Department of Labor. USCIS claims this will make it easier for individuals such as STEM graduates and entrepreneurs to obtain lawful permanent residence status.

From USCIS, 1/21/2022

DHS Expands Opportunities in U.S. for STEM Professionals: Department adds Twenty-Two New Fields of Study and Takes Additional Steps to Attract Critical STEM Talent

The Department of Homeland Security (DHS) today announced 22 new fields of study have been added to the STEM Optional Practical Training (OPT) program to enhance the contributions of nonimmigrant students studying in the fields of science, technology, engineering, and mathematics (STEM), and support the growth of the U.S. economy and innovation.

“STEM innovation allows us to solve the complex challenges we face today and make a difference in how we secure and protect our country,” said Secretary Mayorkas.  “Through STEM education and training opportunities, DHS is expanding the number and diversity of students who excel in STEM education and contribute to the U.S. economy.”

The STEM OPT program permits F-1 students earning bachelor’s, master’s, or doctoral degrees in certain STEM fields to remain in the United States for up to 36 months to work in their field of study.  Adding 22 fields of study will ensure the U.S. economy benefits from students earning degrees in the United States in competitive STEM fields.  Information on the new fields of study will be communicated to schools and students through a Federal Register notice.

DHS is also updating and issuing new U.S. Citizenship and Immigration Services (USCIS) policy manual guidance.  USCIS is updating guidance to clarify how certain STEM graduates and entrepreneurs can use the national interest waiver for employment-based immigrant visa classification as an advanced degree professional noncitizen or noncitizen of exceptional ability.

Certain noncitizens with an advanced degree or exceptional ability can self-petition for employment-based immigrant visa classification, without testing the labor market and obtaining certification from the Department of Labor, if USCIS determines the waiver of the labor market test to be in the national interest.  The updated guidance clarifies how to use the program, making it easier for noncitizens with needed skills, such as STEM graduates and entrepreneurs, to embark on a pathway to obtain lawful permanent resident status in the United States.

USCIS is also issuing a policy manual update related to O-1A nonimmigrant status for noncitizens of extraordinary ability in the fields of science, arts, education, business, or athletics.  This update explains how USCIS determines eligibility for O-1A petitioners and, for the first time, provides examples of evidence that might satisfy the criteria, including for individuals working in STEM fields.

The 22 new fields of study are bioenergy, general forestry, forest resources production and management, human-centered technology design, cloud computing, anthrozoology, climate science, earth systems science, economics and computer science, environmental geosciences, geobiology, geography and environmental studies, mathematical economics, mathematics and atmospheric and oceanic science, general data science, general data analytics, business analytics, data visualization, financial analytics, other data analytics, industrial and organizational psychology, and social sciences, research methodology, and quantitative methods.

Connecting with Challa Law Group

Send your resume to info@challalaw.com to determine whether you may be a good candidate for a waiver of the labor market test!

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Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

USCIS to Allow F-1 Students to File I-765 Online to Request OPT

USCIS announced that it would now accept the online version of Form I-765 from certain F-1 students applying for pre or post-completion OPT or STEM OPT extensions. This may provide some relief to students who have been subject to delays at USCIS lockboxes. Previously, USCIS announced flexibilities for F-1 students who had been affected by lockbox delays.

USCIS Announcement

WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”

The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.

Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners, and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.

Individuals can file 11 USCIS forms online, which can all be found on the Forms Available to File Online page. To file these forms online, individuals must first create a USCIS online account at https://myaccount.uscis.gov/. This free account allows them to:

  • Submit their forms;
  • Pay their fees;
  • Track the status of their case;
  • Communicate with USCIS through a secure inbox; and
  • Respond to Requests for Evidence.

USCIS continues to accept the latest paper version of these forms by mail.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on FacebookTwitterInstagramYouTube, or LinkedIn. You can also join our Telegram community.

Contact us atinfo@challalaw.com or 804-360-8482 to get your case started today.