Attorneys
Worcester
Worcester
The Guaranty Building
370 Main Street, 12th Floor
Worcester, MA 01608
Framingham
Framingham
The Meadows
161 Worcester Road, Suite 501
Framingham, MA 01701
Boston
Boston
12 Post Office Square, 6th Floor
Boston, MA 02109
Providence
Providence
1 Richmond Square, Suite 303N
Providence, RI 02906
Cape Cod
Cape Cod
1597 Falmouth Road
Centerville, MA 02632
Hudson
Hudson
69 Main Street
Hudson, MA 01749
New Bedford
New Bedford
651 Orchard Street, Suite 107
New Bedford, MA 02744
Medfield
Medfield
Olde Medfield Square
266 Main Street, Bldg. 2, Suite 15A
Medfield, MA 02052
Practice Areas
Niche industries
Open detail
Cannabis & Breweries
Cannabis & Breweries
Open detail
Closely Held and Family-Owned Businesses
Closely Held and Family-Owned Businesses
Open detail
Condominiums
Condominiums
Open detail
Medical & Dental Practices
Medical & Dental Practices
Open detail
Private Foundations
Private Foundations
Open detail
Real Estate Developers
Real Estate Developers
Open detail
Restaurants
Restaurants
Open detail
All Industries

Sorry, there are no Upcoming Seminars


View Past Events


View Past Seminars

Firm News
November Visa Bulletin, and Proposed Changes to the H-1B 'Cap' Process

November Visa Bulletin, and Proposed Changes to the H-1B 'Cap' Process

Featuring Brian J. Coughlin on October 30, 2020
November Visa Bulletin Published: Employment-Based Filing Dates Remain the Same.

As reported last month, the U.S. Department of State announced significant filing date advancements in its monthly Visa Bulletin for October. The Visa Bulletin determines an individual’s eligibly to submit an application for U.S. Lawful Permanent Residence. If an applicant is physically present in the U.S., the Visa Bulletin will determine their ability to apply for a green card through a process called ‘Adjustment of Status.’ Applications are filed with U.S. Citizenship & Immigration Services (USCIS).

The Department of State released its Visa Bulletin for November yesterday. There have been virtually no changes to the ‘Dates for Filing’ employment-based Adjustment of Status applications, aside from an advancement in the ‘Other Workers/China’ category. For all other categories, the filing dates announced in the October Visa Bulletin will remain the same, under the November Visa Bulletin.

There has also been some modest progression announced for November, regarding ‘Final Action Dates’ for employment-based cases. This may be significant in the future, if USCIS begins to accept Adjustment of Status filings based on ‘Final Action Dates’ instead of ‘Dates for Filing,’ as had been the agency’s regular practice until last month. This would be announced in a future Visa Bulletin release. For the month of November, though, employment-based Adjustment of Status cut-off dates remain unchanged.

Proposed Salary-Based Changes to the H-1B 'Cap' Process.

USCIS has proposed a new regulation to replace the random, computerized H-1B ‘Cap’ lottery with a new selection process, based on a candidate’s offered salary. The proposed regulation, announced on the Department of Homeland Security website this week, would allocate H-1B visa numbers based on wage levels, giving priority to candidates with higher offered salaries. As justification for the planned changes, the Department has claimed that the proposed system would “protect the economic interests of U.S. workers” and would be a “better way to allocate H-1Bs when demand exceeds supply.”

Ordinarily, it takes several months to introduce and finalize new federal regulations. However, USCIS intends to implement the new selection process in advance of the Fiscal Year 2022 H-1B lottery, which will take place in April of 2021. The new regulation will be subject to a 30-day public comment period, and is likely to face a legal challenge in federal court. The text of the proposed rule will soon be published in the Federal Register, once the comment period opens.

We will continue to monitor matters closely, and provide updates as they become available. Please contact me or another member of our Immigration Practice Team if you have any questions, or would otherwise like to discuss.
Please enter your name.
Please enter your email address.
Please enter your message.

You must attach a copy of the PDF application form linked above. You may add pages to the application, but the name of the file must remain the same.

Please attach Job_Application_Form.pdf
reCAPTCHA is mandatory
Subscribe to our newsletter.
First name is required.
Email is required.
Email does not match.
Publications
reCAPTCHA is mandatory
Welcome to fletcher tilton Online Invoice Payment Center.
Card holders name is required.
Please enter invoice number.
Please enter amount to be paid.
Please enter valid card number.
CCV code is required.
/
Please select expiration date.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online Retainer Funding Center.
Card holders name is required.
Please enter a client number.
Please enter amount to be paid.
Please enter valid card number.
CCV code is required.
/
Please select expiration date.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online Immigration Pre-Payment Center.
Bank account type is required.
Please enter a valid name.
Please enter amount to be paid.
Please enter client number.
Bank routing number is required.
Bank routing did not match.
Bank account number is required.
Bank account number did not match.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online PAY BY CHECK.
Bank account type is required.
Please enter a valid name.
Please enter amount to be paid.
Please enter invoice number.
Bank routing number is required.
Bank routing did not match.
Bank account number is required.
Bank account number did not match.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.