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What should I know?
Employers need to know that USCIS is changing the way employers file H-1B petitions on October 15. Employers will be required to provide additional information and use a different form.
Why should I care?
If employers do not adhere to these new regulations, they will automatically be denied by USCIS.
What should I do?
Employers should learn about these new regulations as soon as possible to avoid the possibility of being denied.
Details about the story:
On August 14, 2019, the Department of Homeland Security (DHS) published the Inadmissibility on Public Charge Grounds final rule that amends how DHS determines individuals as inadmissible to the United States based on whether they are considered “likely at any time to become a public charge.” In accordance with these new regulations, USCIS is set to update the Forms I-129 and I-539 on October 15, 2019, the same day this final rule goes into effect.
If you are planning to file a petition for a non-immigrant worker or application to extend or change status on or after October 15, you must use the new version of the form. Using the current version of the form after the final rule goes into effect will result in USCIS rejecting the application or petition. If you plan to file under the current form, it is crucial that you do so prior to October 15; according to USCIS, they will accept the current edition if it is postmarked on or before October 14.
In response to these last-minute regulations, the American Immigration Lawyers Association (AILA) filed a lawsuit on October 7 against the Acting Director of USCIS for "arbitrarily, capriciously, unlawfully and unconstitutionally" issuing the new public charge regulations. If successful, this would stop USCIS from moving with their plan to stop accepting the current forms. Until a decision is made, however, anyone planning to file any of the forms starting next Tuesday should be prepared to use their new versions.
As long as the final rule goes into effect, starting October 15, you can find the updated Forms I-129 and I-539 on the Official Website of DHS.
What should I do specifically in terms of training?
Training for employers who file H-1B petitions for their workers is available HERE.
Business Immigration Lawyer
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.