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H-1B LCA Administrative Appeal Office

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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

FordHarrison

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

FordHarrison on

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Constangy, Brooks, Smith & Prophete, LLP

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

Proskauer Rose LLP

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Proskauer Rose LLP on

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

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