Second Chance for Denied H-1B Petitions During Trump Administration?

During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law.  The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010“Contracts …

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Computer Programmers may now qualify again for H-1B visas

In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules.  Many companies filed lawsuits to contest denials based on this policy …

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Employers need to know these rules for H-1B employees temporarily working from home during COVID-19 pandemic

If your H-1B employees have been temporarily relocated to work from home full-time during the COVID-19 pandemic, your company needs to ensure compliance with the H-1B labor condition application (LCA) rules.     The LCA is an integral part of the H-1B visa requirements.  It is location specific and determines the approved work location for an H-1B …

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USCIS Proposes New Electronic Registration Fee for H-1B Cap Subject Visa Petitions

The Department of Homeland Security (DHS) today announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to USCIS. Because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees …

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Premium Processing is now available for all H-1B petitions

As of March 12, 2019, all H-1B petitions will be eligible for premium processing. Acccording to the USCIS recent annoucement: USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When …

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Premium Processing is now available for H-1B petitions filed on or before December 21, 2018

Employers who still have pending H-1B petitions filed on or before December 21, 2018 can now request premium processing of those cases.  With this latest announcement,  only the following categories of H-1B petitions are eligible for premium processing at this time: Petitions filed by cap-exempt employers, i.e. universities, colleges, or non-profit organizations affiliated with universities …

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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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