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...

Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the...

In the context of an H-1B visa, it is the definition of "professional" employees that may pose a challenge for employers in deciding whether the employee qualifies for an exemption or not pursuant to the FLSA. There are two types of "exempt" professional employees under the FLSA: learned professionals and creative professionals. To qualify...

The H-1B visa program allows U.S. employers to temporarily hire non-immigrants to fill specialized jobs in the United States. Specialized occupations are those occupations that require a "theoretical and practical application of a body of highly specialized knowledge, and ...attainment of a bachelor's or higher degree in a specific specialty (or its equivalent) as...

There are Only 58,200 Regular H-1B Visas: Do Not Delay - It's Now Time to Strategize for the H-1B Season.

The current annual cap on the H-1B category is 65,000. All H-1B nonimmigrants are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal...

The Department of State (DOS) recently amended its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for Citizens of Mexico applying for nonimmigrant TN classification as NAFTA professionals. The rule reflects changes to the documentary and procedural requirements under the Immigration and Nationality Act, in implementation of...

As part of an initiative to improve existing Forms, the USCIS responded favorably to suggestions received from the general public. The result is a recent revision of Form N-400, Application for Naturalization. The revised Form N-400 provides USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology...

States took the lead on immigration reform in 2013, and compared to previous years, the majority were positive measures to help integrate and improve the day-to-day lives of immigrants in their respective states.

According to the National Conference of State Legislatures' (NCSL) 2013 Immigration Report, 45 states passed 184 immigration-related laws in 2013 and adopted...