NEWS
H-1B
USCIS Targets Level 1 Salary on LCA to Question Specialty Occupation Nature of H-1B Position
In what appears to be a pattern, the USCIS is questioning whether a position is a specialty occupation by referencing the fact that the labor condition application (LCA) reflects a level 1 wage, indicating that it is an entry-level position that is not specialized or complex. The American Immigration Lawyers Association is aware [...]
USCIS to Resume H-1B Premium Processing for Physicians under the Conrad 30 Waiver Program
USCIS will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver program, as well as interested government agency waivers starting Monday, June 26. The Conrad 30 program allows certain medical doctors to stay in the United States on a temporary visa after completing their medical training [...]
ALERT for Students w/Cap Gap Waiting on H-1B CAP Rejection or Decision
USCIS announced on May 3, 2017 that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite [...]
USCIS Rescinds 2000 NSC Guidance on H-1B Computer-Related Positions
USCIS issued a policy memorandum on March 31, 2017, that supersedes and rescinds a December 22, 2000, memorandum with guidance on H-1B computer-related positions issued by the Nebraska Service Center (NSC). The new memo offers clarity on USCIS's approach to determining whether the position of "Computer Programmer" is deemed a "specialty occupation" that [...]
DOL announces plans to protect American workers from H-1B program discrimination
DOL announced plans today to protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight. The department will protect American workers against discrimination through the following actions: Rigorously use all of its existing authority to initiate investigations of H-1B program violators. This effort to protect U.S. workers will also involve [...]
USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse
USCIS has announced multiple measures to further deter and detect H-1B visa fraud and abuse. Beginning today, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on: Cases where USCIS cannot validate the employer’s basic business [...]
WHAT TO DO? ICE Worksite Visit – Employee Rights
Do you know what to do if immigration (ICE) officers come to your worksite? Read and download the pdf to know your rights.
USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions
Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions
Erroneous H-1B Approval Notices with “1B1” Annotation
We have been receiving USCIS I-797 Notices of Approval for H-1B that is annotated "1B1". The USCIS California Service Center (CSC) has confirmed that this was a technical error that has now been resolved, and that USCIS will reprint corrected approval notices. Amended notices that reflect the H-1B designation will be mailed this [...]
USCIS Releases Updated Handbook for Employers
USCIS has released an updated Handbook for Employers, Guidance for Completing Form I-9 (Employment Eligibility Verification form) rev. 1/22/17
H-1B CAP – Should I, or Should I Not File?
In the backdrop of the Executive Orders and H.R. 670 (H.R.670 - High-Skilled Integrity and Fairness Act of 2017), we have received several questions over the past few weeks regarding the filing of H-1B Petitions for this fiscal year (April 1, 2017). Several of you want to know if salaries are going to [...]
Latest Update on H-1B Executive Order
White house press secretary Sean Spicer was just responding to a direct question on whether the President is likely to issue an Executive Order on the H-1B visa. Here's his response: With respect to h1bs and other visas, it is part of a larger immigration reform effort that the President will continue to [...]
USCIS Publishes Final Rule on Certain Employment-Based Nonimmigrant and Immigrant Visa Programs
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent [...]
E-Verify User Manual for Corporate Administrators
USCIS provides an updated M-1053, E-Verify User Manual for Corporate Administrators which provides guidance on E-Verify processes and outlines the rules and responsibilities for corporate administrators enrolled in E-Verify. Read the updated E-Verify User Manual
USCIS FEES TO BE RAISED FOR SEVERAL PETITION CATEGORIES – EFFECTIVE DATE 12/23/2016
USCIS published a Fee Increase schedule in the Federal Register today. Applications and petitions mailed, postmarked, or otherwise filed on or after 12/23/16 must include new fee. (81 FR 73292, 10/24/16) USCIS Fee Schedule (pdf) A few important Forms and the corresponding fee increases are listed below: Form From To I-129 $325.00 [...]
FAQ on Employment Authorization for Certain H-4 Dependent Spouses
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking employment-based lawful permanent resident status. Those eligible include H-4 dependent spouses of principal [...]
Known Employer Pilot Program Test
The USCIS has created the Known Employer pilot to assess a way to streamline the process for employers seeking to hire certain workers through employment-based visa categories. By modifying the process by which USCIS reviews an employer’s eligibility to sponsor individuals under certain immigrant and nonimmigrant visa classifications, the Known Employer pilot is [...]
Webinar- H-1B – Lessons From FY2016 – How to Prepare for FY2017 H-1B Season
Please register for H-1B – Lessons From FY2016 - How to Prepare for FY2017 H-1B Season on Feb 12, 2016 12:00 PM EST at: https://attendee.gotowebinar.com/register/8654143144839593217 The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs from prior years and how the various RFEs have created a valuable source [...]
Proposed I-765 revisions to accomodate EAD for beneficiaries of approved I-140 petitions
A draft version of a revised form I-765, application for employment authorization has been released.
H-1B and L-1 Fee Increase** Applicable for a Select Few
On 12/18/15, the President signed into law the omnibus appropriations bill for 2016. Highlights of Business Immigration Provisions of the Act: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016. Fee Increase: It also includes the following changes to the currently expired H-1B/L-1 [...]