NEWS
H-1B
**WARNING**Travel While Advance Parole Application is Pending Will be Considered Abandonment**WARNING
USCIS will deny Form I-131, Advance Parole applications for abandonment in instances in which the applicant has traveled abroad during the pendency of the application, even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States. This was [...]
Retaining Form I-9
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 [...]
June 2017 Visa Issuance for India and China
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
Revised Form I-9 Now Available
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 [...]
Retaining Form I-9
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 [...]
H-1B Premium Processing NOT for Most H-1B Petitions
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 to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
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 [...]
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 [...]