Washington Post reports that attorneys on behalf of Juan Manuel Montes Bojorquez, a 23-year-old DACA recipient, filed a lawsuit under the Freedom of Information Act on Tuesday demanding that the federal government turn over all information about his sudden removal from the United States in February 2017. Montes was stopped by a Border Patrol agent while walking to a taxi station in Calexico, California; having accidentally left his wallet in a friend’s car, he had no identification on him. Hours later, immigration officials walked Montes across the border, leaving him in Mexico. The case heightens existing concerns that DACA recipients are now being targeted for deportation, despite President Trump’s pledges to “show great heart” toward them.
USCIS Completes the H-1B Cap Random Selection Process for FY 2018
USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.
USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.
The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap.
As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2018 H-1B cap. USCIS 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 a second H-1B position.
USCIS has confirmed that the process for receiving and receipting H-1B cap cases for FY2018 will be the same as in prior years. Therefore, a lottery will be conducted if, during the period of April 3–7, 2017, enough petitions are received to reach the 65,000 statutory H-1B cap and the 20,000 cap for petitions filed under the advanced degree exemption, often referred to as the master’s cap. As in the past, a random computer selection will be run first for those petitions under the 20,000 master’s cap exemption. Any petitions not selected for the master’s cap will then be included in the random selection process for the 65,000 regular cap.
USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for FY2017. March 13, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.