EOIR provided these slides in response to my FOIA request.
EOIR, Sept. 28, 2023 "This Director’s Memorandum (DM) provides guidance to Executive Office for Immigration Review (EOIR) adjudicators on the enforcement priorities and exercises of prosecutorial...
State Department "DV-2025 Program: The online registration period for the DV-2025 Program begins on Wednesday, October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and concludes on...
USCIS, Sept. 27, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents...
This document is scheduled to be published in the Federal Register on 09/29/2023 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
ICE, June 8, 2020
"U.S. Citizenship and Immigration Services (USCIS) recently implemented a new registration process for employers seeking to file an H-1B cap-subject petition for a beneficiary, including those currently in F-1 status. The H-1B status allows temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year, which begins Oct. 1.
Revised H-1B Registration Process
The revised H-1B registration system is designed to streamline the H-1B process to make the H1B cap-selection process more efficient. USCIS’ new registration system requires employers to register their beneficiaries during the designated registration period in March. USCIS then notifies these employers prior to April 1 if their registrant was selected for filing by issuing an H1B Registration Selection Notice. The earliest employers subject to the “cap” can file a petition on behalf of their beneficiary is April 1. Employers can be notified of a registrant’s eligibility for filing at any time through Sept. 30.
Receipt of a H-1B Registration Selection Notice
Receipt of an H-1B Registration Selection Notice does not qualify an F-1 student for a cap-gap extension. Federal regulations stipulate that an F-1 student may receive an extension of their authorized period-of-stay or employment authorization if the student is a beneficiary of a filed H1B petition seeking a change of status with a start date of Oct. 1. Employers who receive an H1B Registration Notice have 90 days to file a Form I-129, “Petition for Nonimmigrant Worker,” requesting a change of status to H-1B on behalf of the worker. An F-1 student can avail themselves of the cap-gap extension only after the employer files the petition. Petitions requesting a status change via consular processing do not qualify for cap-gap relief.
Revised SEVIS Process
On May 22, the Student and Exchange Visitor Program (SEVP) revised Student and Exchange Visitor Information System (SEVIS) functionality to accommodate changes in the H-1B process. SEVIS has been modified to automatically add cap-gap extensions to records of eligible F-1 students whose H-1B petition was receipted by USCIS. The “waitlisted” and “rejected” cap-gap options are no longer available in SEVIS. If the link is missing or if other changes are needed, the designated school official (DSO) must call the SEVP Response Center and request a data fix. SEVP is aware that USCIS may select and consider registrants until Sept. 30 using any leftover quota. However, an F-1 student is not eligible for cap-gap extension until their employer has filed the H-1B petition on their behalf."