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

AAO Guidance Clarifies That Worker Mobility May Come at a Cost

In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a...more

Immigration Update: Employers Must File Petition When H-1B Worker Changes Locations

Following the precedent decision issued on April 9, 2015 by the USCIS Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC employers must now be more cognizant than ever before of the requirements when...more

A Busy Summer Ahead for Some H-1B Employers: USCIS Instructs on H-1Bs with Worksite Changes

In a controversial ruling last month that changed years of established policy, the Administrative Appeals Office (AAO) issued an H-1B precedent decision. At issue was whether an employer is required to file not only a new...more

FY 2016 H-1B Cap Petition Not Selected: What Are the Options?

Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved...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

Federal Court Refuses to Block H-4 EAD Rule During Pendency of Lawsuit

As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA, sought to vacate the H-4 rule allowing spouses of certain H-1B workers to file for and obtain Employment...more

USCIS temporarily suspends premium processing for H-1B Extension of Stay petitions

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this timeframe, petitioners will not be...more

USCIS Guidance Clarifies Employer Obligations to Amend H-1B Visa Petitions, Sets Compliance Deadline

On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location. This guidance is in...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

USCIS on Amended H-1B Petitions for Change in Work Location

As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published...more

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a...more

Premium Processing of H-1B Extensions Suspended as of May 26

Last week, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced...more

USCIS to Halt Premium Processing Service for H-1B Extensions

On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more

USCIS Releases Guidance and Frequently Asked Questions for H-4 Employment Authorization Applications

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain...more

May 2015 Special Immigration Alert - Premium Processing Option for H-1B Extensions Is Temporarily Suspended II.USCIS Announces...

I. Premium Processing Option for H-1B Extensions Is Temporarily Suspended - On May 19, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend 15-day premium processing...more

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

USCIS Suspends Premium Processing of Petitions for H-1B Extension

U.S. Citizenship & Immigration Services (USCIS) announced yesterday that it will temporarily suspend premium processing of Petitions for H-1B extensions beginning on Tuesday, May 26, 2015. USCIS will continue to process H-1B...more

USCIS Announces Temporary Suspension of Premium Processing for H-1B Extension of Stay Petitions

US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more

Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect...more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

Immigration Corner: H-1B Cap FY2016 and Aftermath, "Doing Business" for Multinational Managers, myE-Verify Available Nationwide

If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more

Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses

As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of a new rule allowing for Employment Authorization Documents (EADs) to be issued to certain H-4...more

May 2015 Immigration Alert

AAO Issues Precedent Decision Requiring Employers to File Amended Petitions When an H-1B Employee Changes Work Locations - On April 9, 2015, the Administrative Appeals Office (“AAO”) issued an important precedent...more

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