USCIS Announces H-1B Cap Reached
On April 7, 2016, USCIS announced that it has received enough H-1B petitions to meet the annual H-1B limit for both the regular cap and the advanced degree (master’s) cap for fiscal year 2017. USCIS will conduct a lottery to randomly select the petitions it will accept to meet the caps. Due to the high number of petitions received, USCIS has not yet announced a date for the lottery. Once the lottery is completed, unselected petitions will be rejected.
Now that the caps have been reached, USCIS will no longer accept any additional cap-subject H-1B petitions with an employment start date between October 1, 2016 and September 30, 2017. It is important to remember that this only applies to H-1B cap-subject cases. Cases not subject to the cap that will continue to be accepted are H-1B petitions to extend or amend H-1B employment, H-1B petitions for a change of H-1B employer, and H-1B petitions for current H-1B holders seeking concurrent employment. In addition, cases for employment at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or governmental research organization are exempt from the cap and will continue to be accepted.
For those subject to the cap that are not selected in the lottery, it will be important to examine if other alternatives might be available such as a TN for Canadian or Mexican citizens, an O-1 for those with extraordinary ability, or an L-1 for intracompany transferees. It is also important to contact your Senator or Representative to let him or her know how the H-1B cap is affecting you or your business.
Supreme Court’s Decision Clears Way for Immigration Benefits for Same Sex Spouses
On June 26, 2013, the U.S. Supreme Court found the section of the Defense Against Marriage Act (DOMA) that defined marriage as a union between only a man and a woman, unconstitutional. Since DOMA denied federal recognition of marriage between same sex spouses, DOMA denied federal benefits, including immigration benefits, to same sex couples.
The Supreme Court’s landmark decision striking down DOMA, should require USCIS and other agencies that provide immigration benefits, to recognize same sex marriages that were valid in the jurisdiction where they took place. U.S. citizen and permanent residents should now be able to apply for permanent residence for their same sex spouses.
Foreign national spouses applying for U.S. permanent residence still must meet other requirements in order for permanent residence status to be granted. However, the U.S. Supreme Court’s decision should take sexual orientation
out of the equation when considering applications for permanent residence and other U.S. immigration benefits.
On April 7, 2016, USCIS announced that it has received enough H-1B petitions to meet the annual H-1B limit for both the regular cap and the advanced degree (master’s) cap for fiscal year 2017. USCIS will conduct a lottery to randomly select the petitions it will accept to meet the caps. Due to the high number of petitions received, USCIS has not yet announced a date for the lottery. Once the lottery is completed, unselected petitions will be rejected.
Now that the caps have been reached, USCIS will no longer accept any additional cap-subject H-1B petitions with an employment start date between October 1, 2016 and September 30, 2017. It is important to remember that this only applies to H-1B cap-subject cases. Cases not subject to the cap that will continue to be accepted are H-1B petitions to extend or amend H-1B employment, H-1B petitions for a change of H-1B employer, and H-1B petitions for current H-1B holders seeking concurrent employment. In addition, cases for employment at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or governmental research organization are exempt from the cap and will continue to be accepted.
For those subject to the cap that are not selected in the lottery, it will be important to examine if other alternatives might be available such as a TN for Canadian or Mexican citizens, an O-1 for those with extraordinary ability, or an L-1 for intracompany transferees. It is also important to contact your Senator or Representative to let him or her know how the H-1B cap is affecting you or your business.
Supreme Court’s Decision Clears Way for Immigration Benefits for Same Sex Spouses
On June 26, 2013, the U.S. Supreme Court found the section of the Defense Against Marriage Act (DOMA) that defined marriage as a union between only a man and a woman, unconstitutional. Since DOMA denied federal recognition of marriage between same sex spouses, DOMA denied federal benefits, including immigration benefits, to same sex couples.
The Supreme Court’s landmark decision striking down DOMA, should require USCIS and other agencies that provide immigration benefits, to recognize same sex marriages that were valid in the jurisdiction where they took place. U.S. citizen and permanent residents should now be able to apply for permanent residence for their same sex spouses.
Foreign national spouses applying for U.S. permanent residence still must meet other requirements in order for permanent residence status to be granted. However, the U.S. Supreme Court’s decision should take sexual orientation
out of the equation when considering applications for permanent residence and other U.S. immigration benefits.