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 [...]

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