It has been announced by the US Citizenship and Immigration Services or USCIS that they have received enough petitions to meet the cap for H-1B visas.

So, can more people apply or will they be rejected?

A congressional cap of 65,000 H-1B visas for regular applicants and an additional 20,000 visas for US advanced degree holders have been mandated by the US government.

The agency has informed that it will send out non-selection notices to registered candidates through their online accounts. The status later will read, “Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration” once the notifications are complete.

The H-1B cap lottery comes into the picture after the applications exceed the annual cap set by the US government. After that, a lottery system is used to process the petitions.

The deadline for submitting H-1B cap petitions was June 30 2024 but since the date fell on a Sunday, properly registered petitions received on July 1, 2024 would also be considered on time.

However, USCIS will continue to accept and process petitions that have been exempted from the cap.

“We will continue to accept and process petitions filed to extend the amount of time a current H-1B worker may remain in the United States; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; and allow current H-1B workers to work concurrently in additional H-1B positions,” the USCIS said.

The visa lottery is a complex process and should be followed through with detail. It is advisable to keep track of the notifications sent by USCIS and not miss important deadlines or information.

Usually the majority of H-1B visa holders are Indians (72.3% of the total 386,000 H-1B visas issued), however USCIS data shows a decline in sponsorships across major firms such as Google, Amazon, Infosys and IBM.
 

The US Citizenship and Immigration Services (USCIS) has announced the updated policy guidelines for international students’ eligibility for Optional Practical Training (OPT) in the Science, Technology, Engineering, and Mathematics (STEM) fields. 

The revised guidelines, effective from August 27, offer clarity on rules concerning online study, school transfers, grace periods, and study abroad programmes. These will apply to all pending and future requests.

OPT duration extended for STEM students

As per USCIS, international students in STEM will now enjoy up to three years of OPT, compared to one year for the students of non-STEM fields. This will allow students to gain more work experience in the country.

Online Study Allowances

Eligible students will now be able to count one class or up to three credits per academic session towards their full course of study, without violating the F1 visa terms. It must be noted that the class is taken online or via distance learning, meaning that it does not require any physical attendance.

School Transfers

The new policy now grants permission to eligible students to transfer between Student and Exchange Visitor Program (SEVP) schools, certified by the US Immigration and Customs Enforcement (ICE), at the same educational level or even a switch between different educational levels.

Post-Completion OPT 

The new guidelines mention that students who have completed their associate, bachelor’s, master’s, or doctoral degree programmes are now eligible for the post-completion OPT.

OPT extensions

Students will now be able to apply for STEM OPT extension up to 90 days before the expiry of their current employment authorisation.

To be eligible for the 24-month STEM OPT extension, they will require a valid post-completion OPT period; a qualifying STEM degree from an accredited institution; and work with an employer enrolled in E-Verify.

60-Day Grace Period

Once they complete their OPT, students will have a 60-day grace period. During this time, they remain eligible to change their educational level, consider transferring to another SEVP-certified school, or apply for changing to a different nonimmigrant or immigrant status. 

During this period, the employers can also sponsor the student’s H-1B visa.

Clarification on the application period

The revised manual corrects the timeline during which the students can apply for the STEM OPT extensions, besides other technical adjustments. This ensures that the students can submit their applications.

Guidelines for the Study Abroad Programme

Students, who are enrolled in SEVP-certified schools, will be able to maintain active status in the Student and Exchange Visitor Information System (SEVIS) during the study abroad programmes if its duration is less than five months. For longer programmes, they will require a new Form I-20.

Students, who receive a STEM OPT extension, will be required to report any changes in their legal name, address, or employment details to the DSO within 10 days. Even in case there are no changes, still they will have to confirm their information every six months.