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Wednesday, February 13, 2019
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019. Read more . . .
Tuesday, February 5, 2019
The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor’s Degree. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: Read more . . .
Thursday, January 31, 2019
President Trump is garnering a lot of attention about construction of a wall at the southern border to curb illegal immigration. Unfortunately, the press is largely ignoring the negative impact of recent changes in how the USCIS selects H-1B applications. These restrictions in policy mostly impact Indian and Chinese Nationals which are the two groups that have been granted the largest number of H-1B visas in recent years. The IT industry in the US particularly relies upon Indian workers to fill gaps in the technology industry. Read more . . .
Wednesday, January 30, 2019
FOR IMMEDIATE RELEASE - The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season. Read more . . .
Friday, January 25, 2019
USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit. Read more . . .
Thursday, January 24, 2019
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker Read more . . .
Monday, January 14, 2019
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 wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment. Read more . . .
Monday, January 7, 2019
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions. Read more . . .
Friday, December 14, 2018
Based on the new rule proposed on December 3rd, USCIS (United States Citizenship and Immigration Services) plans to eliminate the current requirement that employers file cap-subject H-1B petitions during the first week of April. Instead, should the regulation become effective in 2019, Read more . . .
Friday, December 7, 2018
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes. Read more . . .
Friday, November 30, 2018
On November 30th, 2018, The Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries. Read more . . .
National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.
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