ACICS No Longer Recognized by Dept. of Education: Impact on Immigration-Related Student Programs

As of August 19, 2022, the US Department of Education no longer recognizes the accreditation of institutions by the Accrediting Council for Independent Colleges and Schools (ACICS).

On November 1, 2022, the USCIS explained in a News Alert how this loss of recognition will affect the following immigration-related student programs:

•  24-Month STEM OPT Extension Program
• USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if:
• The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
• The student’s DSO recommendation for a STEM OPT extension, as indicated on Form I-20, is dated on or after August 19, 2022 (the date when ACICS ceased to be recognized as an accrediting agency).
• STEM-OPT students whose Forms I-20 have a DSO recommendation date prior to August 19, 2022 are not affected.

• H-1B Master’s CAP Eligibility and I-140 Advanced Degree/Professional Eligibility
• Students who obtain their degree after August 19, 2022 from an institution that is solely accredited by ACICS may NOT use that degree to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications.
• If a student’s degree was conferred prior to August 19, 2022 from an ACICS-accredited school, that degree may still be used to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications, as long as all other requirements are met.

•  H-1B CAP Exemption/ACWIA Fee Exemption
• An institution accredited solely by ACICS no longer qualifies for an exemption from the H-1B cap or the ACWIA fee, unless the institution is exempt on another basis.

 ACICS’s website provides a list of institutions currently accredited by ACICS.

USCIS TO REPLACE H-1B LOTTERY: ONLY H-1s WITH THE GREATEST WAGES WILL BE SELECTED

USCIS has issued a final rule that will replace the H-1B cap lottery with a wage-based selection process.  The new process selects the highest OES prevailing wage level, starting with Level IV.  If there are more than 85,000 petitions filed with a Level IV wage, then the USCIS will hold a lottery just for the Level IV petitions.  If there are fewer than 85,000 that are filed with a Level IV wage, then the USCIS will take all petitions that are filed with Level III wage.  The process then continues for Level II and I, until the full allotment of 85,000 have been selected.  USCIS reserves 20,000 of the 85,000 H-1B slots for master degreed holders from US universities.

The rule will take effect in 60 days, in time for the March 2021 H-1B cap season.  The incoming Biden could theoretically place the regulation on hold.  The rule could also be challenged in court.   

Because we will not know in advance how many will be petitioned under Level IV, III, II, or I, it is impossible to know what wage level will guarantee a chance at an H-1B slot, although a petition filed with a Level IV wage should have a good chance of success. 

Another complicating factor is that it is very difficult to assess how COVID and/or the economy will affect the volume of H-1B cap petitions that will be filed this year.  The USCIS received over 250,000 H-1B cap petitions in both 2019 and 2020. 

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season. Webinar Agenda:

• NEW H-1B Cap Registration System
• H-1B Cap Projections 
• What is a Specialty Occupation?
• H-1B Dependency 
• Special Issues for Staffing Companies and Third Party Placements 
• What is Third- Party Placement v. In-House work? 
• Employer-Employee relationships, how to maintain them 
• Cap-gap for F-1s as well as CPT/OPT maintenance -
• Top 10 things H-1B employers can do to stay compliant 
• Q&A

PLEASE JOIN US!

REMINDER: H-1B CAP STRATEGY TELECONFERENCE

In anticipation of the H-1B cap filing date of April 1, 2019, MU Law will be holding a free teleconference for our clients and friends on Wednesday February 6, 2018 at 2PM / 11AM PT.  Interested clients and friends can register for our webinar by clicking on the link below.

 

REGISTER HERE

Last year the H-1B cap was reached in the first week.  We expect that the demand will be even greater this year.  It is imperative that all H-1B cap-subject petitions are filled on April 1, 2019.

 

H-1B Teleconference Agenda

 

   • H-1B Cap Basics and Projections
   • H-1B Dependency
   • H-1B issues for Staffing Companies and Third Party Placements
   • What is Third- Party Placement v. In-House work?
   • Employer-Employee relationships
   • The New H-1B lottery
   • H-1B electronic filing

 

Hot issues:

 
• Cap-gap for F-1s
• CPT / OPT maintenance
• NIV maintenance
• H-4 EAD rule
• H-1B amendments: lengthy processing times
• Top 10 things H-1B employers can do to stay compliant
• Legislative Update
• What we can expect from the Trump administration and the Republican congress.

 

Q&A

 

USCIS TO IMPLEMENT H-1B CAP RULE CHANGING MASTER’S CAP IN APRIL 2019 AND ADDING PRE-REGISTRATION REQUIREMENT IN APRIL 2020

The USCIS posted for public inspection a final rule changing the regulations governing H-1B cap-subject petitions.  This new makes two key changes to the H-1B cap:

 

1.  Master’s Cap Allocation.  The new rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the master’s cap. USCIS will technically re-engineer the way that it conducts the H-1B lottery.  The result of the re-engineering should mean that a slightly greater number of H-1B petitions will be approved for US master’s degree H-1B beneficiaries than under the current H-1B lottery system.  We previously explained this process on an earlier blog.  This change will be implemented on April 1, 2019.

 

2. Pre-Registration Requirement.  The rule introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.  Under the new rule, all H-1B lottery petitions will need to be electronically pre-registered during the H-1B pre-registration period from April 1-7.  After the pre-registration period has concluded, USCIS will run the H-1B lottery.  All H-1B lottery winners will then submit the actual H-1B petition.  If implemented properly, this should save petitioners and the industry significant expense.

 

After considering public feedback, USCIS decided to suspend the electronic pre-registration requirement until the April 2020 cap season in order to complete user testing and ensure the system and process are fully functional.

USCIS will begin accepting H-1B cap petitions on April 1, 2019.

TWO PROPOSED H-1B CAP MODIFICATIONS

The USCIS has published two proposed rules that will change H-1B cap processes.  While the USCIS hopes that these two rules are finalized in time for the April 2019 H-1B cap, the USCIS has not yet committed to a timeline.  The public may comment on the two proposed rules until January 2, 2019.

The two rules are:

1. Electronic pre-registration for the H-1B cap.  This is a proposed rule that has been considered by USCIS since 2011.  Under the proposal, all H-1B lottery petitions will need to be electronically pre-registered during the H-1B pre-registration period from April 1-7.  After the pre-registration period has concluded, USCIS will run the H-1B lottery.  All H-1B lottery winners will then have 60 days to submit the actual H-1B petition.  If implemented properly, this should save petitioners and the industry significant expense.

2. H-1B Masters Cap Allocation Preference.  USCIS will technically reengineer the way that it conducts the H-1B lottery.  The result of the reengineering should mean that a slightly greater number of H-1B petitions will be approved for US Masters Degree H-1B Beneficiaries than under the current H-1B lottery.