USCIS SAYS IT IS NOT CONSIDERING CHANGES TO H-1B EXTENSION RULES


The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an...
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USCIS Updates: Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Visa Extension Petitions.

The first time Wage Level I RFEs were reported were in early June 2017 and targeted H-1B petitions filed in April 2017 under the annual H-1B cap. Initially, most of the RFEs were issued by the Vermont Service Center although it appears that California is also catching up and issuing their own version of...
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USCIS Resumes Premium Processing for Certain Categories of Applicants Seeking H-1B Visas.


It was recently announced that USCIS Service Center Operations indicated that it is on track to resume premium processing for all H-1B petitions on or before October 3rd, 2017.

On September 18th, 2017, USCIS issued a press release stating that it resumed premium processing for all H-1B visa petitions subject to the Fiscal Year...
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USCIS to Resume Premium Processing for Certain H-1B Cap-Exempt Petitions

How would the proposed new U.S. immigration system work?

New legislation backed by President Trump could drastically alter the current immigration system.  Under the new system, highly educated, English speaking immigrants will be given priority to immigrate to the U.S.  While potential immigrants in many countries fear these changes to come, Indians...

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USCIS ALERT: BATTLING FRAUD AND ABUSE IN THE H-1B VISA PROGRAM.


The Justice Department cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers. The warning came as the federal government began accepting employers’ H-1B visa petitions for the next fiscal year. The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science...
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TIS THE SEASON TO BE JOLLY AND TIS ALMOST 2018 H-1B SEASON.

March 9th, 2016, the U.S. Department of Homeland Security (DHS) released an copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The official version of the final rule is slotted to be published in the Federal Register on March...

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TIS THE SEASON TO BE JOLLY AND TIS ALMOST 2017 H-1B SEASON.

 

Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very...

TIS THE SEASON TO BE JOLLY AND TIS ALMOST 2017 H-1B SEASON. Continue reading…

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will also hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st deadline...

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SUBMITTING AN H-1B PETITION ON APRIL 1st: WHAT PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW? [Part II]

Introduction

Many F-1 visa holders, particularly those who are engaged in Optional Practical Training (OPT), often change their nonimmigrant 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...

SUBMITTING AN H-1B PETITION ON APRIL 1st: WHAT PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW? [Part II] Continue reading…