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 [...]

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 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 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 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 [...]

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

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 [...]

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 [...]

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 [...]