DOL Releases New FAQ on H-1B, H-1B1 and E-3 Programs
Department of Labor publishes revised Frequently Asked Questions (FAQ) for the H-1B, H-1B1 and E-3 Programs.
USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions – Revised March 12, 2012
On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. This was updated on March 12, 2012. Read the revised and updated Q&A on Employer-employee relationship.
New Validation tool (VIBE) Questions & Answers
Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS's adjudications of certain employment-based immigration petitions. Questions and Answers about VIBE
How to Access and Update information in the VIBE in the Event of an RFE
Validation Instrument for Business Enterprises (VIBE) is a Web-based adjudication tool used by USCIS to validate basic information about companies or organizations petitioning to employ certain alien workers. When a company or business is not found on VIBE, it may result in an Request for Evidence (RFE) Dun & Bradstreet (D&B), launched the process on [...]
AILA Survey and Consular Issues in H-1B Visa Issuance
This office participated in an AILA survey for the AILA/Department of State Liaison Committee for an upcoming meeting with DOS. The submission through this survey is not meant for individual case resolution, but rather is being used for an overall tracking of emerging problems and/or trends. We see definite problems with visa issuance at posts, [...]
Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
USCIS is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition [...]
USCIS Proposes Rule To Mandate Registration for H-1B Employers
This rule proposes to require employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under this proposed rule, if USCIS anticipates that the H-1B cap will not be reached by the first day that H-1B petitions [...]
H1B and L-1 Fee Increase with Immediate Effect (8/20/10)
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, [...]
AILA Requests USCIS Rescind Neufeld Memo
In a well reasoned Memo, the American Immigration Lawyers Association has requested the USCIS rescind the Neufeld Memo dated January 8th . Of particular interest is the portion about IT Consulting companies. The Neufeld Memo refers to this segment of H-1B users pejoratively as "Job Shops". In fact, there is a legitimate need for such [...]
USCIS Provides Additional Guidance on H-1B Employer-Employee Relationship in Q&A
Yesterday, 1/13/2010, the Service issued an updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. Now, the USCIS has followed up with a Q&A. USCIS QandA on Employer-Employee Relationship.