USCIS Announcement 2023 H-1B Cap Season Update
U.S. Citizenship and Immigration Services (USCIS) released several updates related to the fiscal year (FY) 2023 H-1B cap season:
· USCIS has received enough electronic registrations during the initial registration period to reach the FY 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). Registrants accounts will now reflect one of the following statuses for each registration: submitted, selected, denied, or invalidated-failed payment.
· FY 2023 H-1B cap petitions may be filed with USCIS starting April 1, 2022, including those petitions eligible for the advanced degree exemption, if based on a valid, selected registration.
Source: ABIL Newsletter, April 3, 2022, and USCIS FY 2023, H-1B Cap Season Updates, https://www.uscis.gov/newsroom/alerts/fy-2023-h-1b-cap-season-updates; USCIS H-1B Electronic Registration Process page, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process; USCIS H-1B Cap Season page, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season
USCIS Extends Flexibility for Responding to Certain Agency Requests
In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) is once again extending certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. USCIS said this may be the final extension of the flexibilities. The agency will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:
· Requests for Evidence
· Continuations to Request Evidence (N-14)
· Notices of Intent to Deny
· Notices of Intent to Revoke
· Notices of Intent to Rescind
· Notices of Intent to Terminate regional centers
· Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
· The form was filed up to 90 calendar days from the issuance of a decision USCIS made; and
· The agency made that decision between November 1, 2021, and July 25, 2022, inclusive.
Source: ABIL Newsletter, April 3, 2022 and USCIS alert, Mar. 30, 2022, https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1
DHS Extends Public Comment Period for Form I-9 Extension/Revisions
The Department of Homeland Security (DHS) invites public comments on its proposed extension and revisions to Form I-9, Employment Eligibility Verification, before it expires on October 31, 2022. DHS extended the comment period to May 31, 2022.
Source: ABIL Newsletter, April 3, 2022, and Federal Register notice, 87 Fed. Reg. 18377 (Mar. 30, 2022), https://www.govinfo.gov/content/pkg/FR-2022-03-30/pdf/2022-06687.pdf
E-Verify Records Disposal Date Extended to May 6, 2022
U.S. Citizenship and Immigration Services (USCIS) announced on April 1, 2022, that it will dispose of E-Verify records that are more than 10 years old, which are those dated on or before December 31, 2011. E-Verify employers have until May 5, 2022, to download case information from the Historic Records Report, USCIS said.
Employers must record the E-Verify case verification number on the corresponding Form I-9 Employment Eligibility Verification, or attach a copy of the case details page to the Form I-9. Employers should retain the Historic Records Report with the Forms I-9, the agency said.
Source: ABIL Newsletter, April 3, 2022, and E-Verify announcement, Apr. 1, 2022, https://bit.ly/3qXb7gG