UPDATE: On April 6, 2018, USCIS reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. USCIS will continue to accept and process petitions that are otherwise exempt from [...]

USCIS issued a policy memorandum designating Matter of S- Inc., as an adopted decision, discussing the prohibition on multiple H-1B filings by “related entities" (such as a parent company, subsidiary, or affiliate). Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, [...]

The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an [...]

74 Days to H-1B CAP FILING DEADLINE for 2018 (FY 2019)! Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Important Notes for [...]

Breaking News**Wall Street Journal - DHS Seeks to End Work Eligibility for Spouses of H-1B Holders Department in proposal cites Trump’s ‘Hire American’ executive order in notice of possible reversal of Obama-era rule By Laura Meckler Dec. 14, 2017 9:00 p.m. ET 8 WSJ | 2017-12-15T02:00:00.000Z The spouses of highly skilled foreign [...]

Breaking News**Wall Street Journal - DHS Seeks to End Work Eligibility for Spouses of H-1B Holders Department in proposal cites Trump’s ‘Hire American’ executive order in notice of possible reversal of Obama-era rule By Laura Meckler Dec. 14, 2017 9:00 p.m. ET 8 WSJ | 2017-12-15T02:00:00.000Z The spouses of highly skilled foreign workers [...]

Based on the audit to determine whether the USCIS Administrative Site Visit and Verification Program (ASVVP) and targeted site visits are safeguarding the integrity of the H-1B Program, USCIS concurs with four recommendations and has begun corrective actions to address the findings: 1. A process to collect and analyze complete and accurate [...]

Based on the audit to determine whether the USCIS Administrative Site Visit and Verification Program (ASVVP) and targeted site visits are safeguarding the integrity of the H-1B Program, USCIS concurs with four recommendations and has begun corrective actions to address the findings: 1. A process to collect and analyze complete and accurate data [...]

USCIS resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s [...]

To calculate how long to keep an employee’s Form I-9 after employment is terminated, enter the following: 1. Date the employee began work for pay 1. ________________________ A. Add 3 years to the date on line 1. A. ______________________ 2. The date employment was terminated 2. _______________________ B. Add 1 year to the [...]

Nationality Visa Type Number India H-1B 7,903 India H4 10,9015 India L-1 1,654 India L-2 2,315 China H-1B 1,472 China H-4 472 China L-1 419 China L-2 461

USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Download instructions are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form [...]

To calculate how long to keep an employee’s Form I-9 after employment is terminated, enter the following: 1. Date the employee began work for pay 1. ________________________ A. Add 3 years to the date on line 1. A. ______________________ 2. The date employment was terminated 2. _______________________ B. Add 1 year to [...]

The USCIS announcement dated July 24th does not apply to most H-1B petitions filed and currently pending with the USCIS. Most importantly, it does not include CAP Gap petitions that have to be adjudicated prior to September 30th in order for the employee to continue working. It only applies to petitions that may [...]

USCIS will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher. Premium processing will resume for petitions that may [...]