The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S....

Federal Skilled Worker Program:

Federal Skilled Workers are chosen as permanent residents based on their ability to prosper in Canada. They are assessed according to a selection grid made up of six factors, including language, education, work experience, etc.

 Overall cap of 25,000 applications in eligible occupations stream
 Cap of 500 applications for PhD eligibility stream
 No limit...

Update (6:45 PM): AILA Liaison has been informed that due to the reported courier delivery problems with FY2015 H-1B petitions, USCIS will accept a second H-1B petition in certain limited circumstances. Specifically, for cap-subject petitions that were timely filed, if, upon inquiry, the carrier indicates that there may be a delivery delay or the...

Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject...

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.

The...

The use of the term "lottery" is very deceptive in the context of a discussion about the H-1B professional and specialty occupation work visa. We often receive inquiries from potential H-1B beneficiaries who contact our offices asking us: "Where should I buy my H-1B Visa 2015 lottery ticket?" or "I want to get myself...

To claim learned professional exemption under the FLSA, the employee must work in a profession where specialized academic training is a standard prerequisite for entrance into the profession. FLSA regulations specifically state that the best evidence for meeting this requirement is having the appropriate academic degree. However, the exemption may be available to employees...