Immigration Update: February 2019
February 28, 2019H-1B Updates
With the H-1B cap season upon us, the demand for FY 2020 cap number is expected to be high, consistent with previous years. USCIS had not yet announced whether Premium Processing services will be available for FY 2020 cap cases, however, USCIS announced this month that Premium Processing services will resume for all H-1B petitions filed on or before December 21, 2018.
A special reminder to F-1 students working on OPT who are part of the FY 2020 cap lottery; please make sure to consult your attorney or have your HR representation do so prior to international travel.
H-4 EAD Rescission Under Review
The Department of Homeland Security this month has submitted for federal review its proposal to rescind the H-4 spouse work authorization program. As of now, certain H-4 visa holders, whose spouses are being sponsored for permanent residence, have been allowed to work depending upon the timing of their spouse’s immigration process. The Office of Management and Budget has a limited amount of time to review DHS’ proposal and rescission of the program is expected to occur. Until further notice, eligible H-4 spouses can still apply for new and renewal of their employment authorization documents.
Increased RFE and Case Denials
USCIS data released this month confirms a continuation in the trend of increased requests for evidence (“RFE”) and denial rates. A decreased rate of visa approval has especially hit H-1B employers in the Information Technology consulting industry. While the data reflects increased denial rates beginning during the Obama administration, the Trump administration’s Buy American, Hire American executive order seems to be the main contributing factor in more recent changes in data.