Top 10 Pointers on What to Expect and Do When the Government Shows Up at Your Workplace for an H-1B Site Visit

Since 2009, the U.S. Citizenship and Immigration Service (USCIS) has been dropping in  at worksites where H-1B employees are employed. These surprise workplace visits are part of the Administrative Site Visit and Verification Program (ASVVP) and conducted by the Fraud Detection and National Security (FDNS) directorate of the USCIS. Most of these site visits are …

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Cap-Gap and Unlawful Presence Warning for F-1 OPT Students with Pending H-1B Petitions

September 30 marked the end of work authorization for F-1 students who were working based upon their pending  "cap-gap" H-1B petitions.  Until the H-1B petition is decided, these students can remain in the U.S. but must stop working as of October 1.  If the student continues working, he or she will no longer have legal …

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Suspension of Premium Processing for Most H-1B Petitions Begins September 11.

Premium processing offers guaranteed 15 day processing for many types of immigration petitions and applications, including H-1B petitions.  Earlier this year, the USCIS suspended premium processing for H-1B petitions for employment subject to annual numerical limits, commonly known as the "H-1B cap-subject" petitions. On August 28, 2018, the USCIS announced that the premium processing option …

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If you’re an IMG physician,  here’s what you need to know about finding and negotiating your work visa sponsorship

When searching for job opportunities, physicians have tons of considerations—location, compensation, paid time off, work schedule, quality of life and more. But most IMG physicians have an additional consideration looming over their heads: immigration. If you’re a physician with a work visa, you are well aware that your prospective employer must support or “sponsor” your …

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H-1B Visa Doctors Can Work Locum Tenens and Other Independent Contractor Positions

Dr. Shah holds full-time H-1B status with his employer but would like to work part-time at the hospital emergency room as an independent contractor. Dr. Davita would like to work with a local locum tenens company full-time after he finishes his last year of his current J-1 waiver position. Neither of these positions appear to …

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H-1B Cap Reached for FY2019

USCIS released the following statement today: USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has 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. The agency will reject and return filing fees for all unselected cap-subject …

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USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

USCIS released the following statement today: Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We 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 …

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H-1B Employers: Ready for the FY 2019 H-1B Cap Season?

The race for H-1B professional worker visas begins April 2, 2018.  Employers of recently graduated foreign students and others will vie for new visas, which are limited to  65,000 per fiscal year (the “H-1B cap”).   And of these, 6,800 are reserved for citizens of Chile and Singapore under certain free trade agreements, effectively leaving only …

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H-1B visa extension rules under AC21 will not change, according to recent USCIS statement

In late December,  it was reported that the U.S. Citizenship and Immigration Services (USCIS)  was considering new regulations that would prevent H-1B visa extensions currently allowed for H-1B workers with pending green card applications. The news report caused quite a stir, considering that such a  measure could cause hundreds of thousands of foreign workers to …

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