H-1B

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
News & Analysis as of

USCIS Finalizes Policy Regarding Change in H-1B Worksites

United States Citizenship and Immigration Services (USCIS) released final guidance regarding when employers are required to file an amended or new H-1B petition following a change to an employee's worksite. This guidance...more

Client Alert for H-1B Employers – Importance: High

Amended H-1B Petitions May be Required Immediately - Applies to: All employers with H-1B employees working at job sites other than those specified in H-1B filing. Action needed now: Verify that actual work site of...more

Client Alert: Amended Petitions Required When Relocating H-1B Employees

Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and...more

USCIS Resumes Premium Processing for H-1B Extension Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it will resume accepting Requests for Premium Processing for all H-1B extension petitions effective July 13, 2015. Premium processing for H-1B extensions had...more

USCIS Completes Return of H-1B Petitions Not Selected in the Lottery

U.S. Citizenship and Immigration Services (USCIS) announced on July 14, 2015, that it completed processing the return of fiscal year 2016 H-1B cap-subject petitions that were not selected in its “computer-generated random...more

USCIS Clarifies Position on Worksite Changes and Need to File Amended H-1B Petitions

The United States Citizenship and Immigration Services (USCIS) recently issued guidance on changes in H-1B (visa) work locations in the wake of the Administrative Appeals Office's (AAO) April 9, 2015 decision in Matter of...more

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

USCIS announced today that it will resume accepting Form I-907, Request for Premium Processing Service for all H-1B extension of stay petitions. However, all premium processing requests received by USCIS before July 13, 2015...more

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

As previously reported, in order for USCIS to timely implement the Employment Authorization for Certain H-4 Dependent Spouses final rule, on May 26, 2015 it suspended premium processing service for Form I-129 H-1B extension...more

USCIS Resumes Premium Processing Service for H-1B Extensions

As of today, U.S. Citizenship & Immigration Services (USCIS) will resume accepting premium processing requests for H-1B extensions. Any premium processing request for H-1B extensions received prior to July 13, 2015 will be...more

USCIS Resumes Premium Processing for H-1B Extensions

USCIS announced that beginning July 13, 2015, the agency will resume accepting premium processing requests for H-1B extension of stay applications. This provides an early cancellation of the previous USCIS directive...more

Employers That Need To File H-1B CAP Cases Will Now Need To Wait Until FY 2017

In April 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to reach the statutory cap of 85,000 total visas for fiscal year 2016, within the first week of the filing...more

H-1B Worksite Changes: Can Employers Expect Relief Before August 19th Deadline?

As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy...more

Do I Really Need A Work Visa To Work In The USA?

This seems like an obvious question that only has a “YES” answer. After all, why do we have all these employment-based visa categories: H-1Bs for professionals, L-1s for intra-company transfers, E-1s and E-2s for treaty...more

Employers Beware: If You Moved an H-1B Worker Without Advising USCIS, You Have Until August 19, 2015 to Make Amends

A recent binding decision issued by the Administrative Appeals Office (AAO) has complicated even further the confusing rules governing employer obligations in the H-1B nonimmigrant visa program. Part of U.S....more

Job Relocations May Trigger Need for Amended H1-B Petition

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

Iowa Immigration Law Blog: Update on Visa Delays and H-1B News

Visa Delays World Wide - The Department of State (DOS) has announced that due to a central computer hardware problem, visa issuance has temporarily stopped. Applicants interviewed after June 9 will experience...more

Q&A With Kirton McConkie's Jacob Muklewicz

Jacob T. Muklewicz is a Shareholder in Kirton McConkie PC's Salt Lake City office. Muklewicz's practice focuses on business and investor immigration. He helps employers and investors obtain the proper visas for their...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

The TN visa category: An oasis in the desert of dried up international talent pools

During the first week of April, when U.S. Citizenship and Immigration Services (USCIS) accepted new H-1B petitions subject to the annual cap, USCIS received approximately 233,000 petitions for only 85,000 available H-1B visas...more

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...more

Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

Get to Work: Employment Authorization for H-4 Spouses

On May 26, 2015, US Citizenship and Immigration Services (USCIS) will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants. Eligible individuals include H-4...more

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC....more

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