In a series of FAQs, DOL issued a set of Frequently Asked Questions (FAQs), Round 4 – Labor Condition Application (LCA/ ETA Form 9035/9035E), for the H-1B, H-1B1 and E-3 programs. It is important to note that the key element of filing an LCA when there is a “material change in the nature of employment”, [...]
The USCIS announced today that they will conduct a second random selection on properly submitted H-1B CAP registrations. We predicted this was a possible outcome early in the year. The USCIS website newsroom stated: In March 2023, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including [...]
A federal judge has ruled in favor of the Department of Homeland Security’s regulation that allows the spouses of H-1B visa holders to work, a significant victory for highly skilled foreign-born professionals, their families and the companies that employ them. U.S. District Judge Tanya S. Chutkan granted the defendant’s (DHS) motion for summary judgment and [...]
A State Department spokesperson said plans call for resuming domestic renewals in "certain petition-based nonimmigrant work visa categories," which include H and L visas. H-1B visas let employers hire high-skilled foreign workers with a bachelor's or higher degree for two three-year periods. L-1 visas let employers transfer executives or managers to the U.S. from overseas [...]
H-1B cap selection has been completed for this year. 10 REASONS FOR LOW H-1B CAP SELECTION If you think H-1B CAP selection has been low this year, here are a few things to consider: Unlike paper filed cases, the current process allows both the employer and the employee to track registration online. USCIS FY2024 H-1B [...]
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March [...]
USCIS is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
The State Department will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad.
USCIS is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. READ MORE
On March 12, 2008, Bill Gates appeared before Congress and testified that the H-1B CAP “is arbitrarily set and bears no relation to the U.S. economy's demand for skilled professionals.” He also famously urged Congress to increase the H-1B CAP and eliminate per country caps on Green Cards. However, his most important lines during that [...]