F-1 H-1B

News & Analysis as of

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 To H-1B Status*

As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social Security and Medicare withholding under the Federal Insurance Contributions Act (FICA) to a...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

The Light Went Out On My Star: Don't Lose F-1 Employees While Waiting On H-1B Approval

It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

Temporary Non-Immigrant Visas: Beyond The Basics

Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more

2014 H-1B Filing Season Starts April 1st

Why is April 1, 2013 Important? - April 1, 2013 is the first day on which U.S. Citizenship and Immigration Services ("USCIS") may receive H-1B specialty worker petitions for the next fiscal year that begins on October 1,...more

Immigration Reforms and Updates from DHS and DOS

In a press release dated January 31, the Department of Homeland Security (DHS) announced a number of proposed administrative reforms designed to enable the United States to attract and retain highly skilled foreign...more

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