H1-B Visas

H1-B visas are nonimmigrant visas issued by the U.S. Citizenship and Immigration Service to foreign workers in specialty occupations. Specialty Occupations are those occupations requiring specialized knowledge... more +
H1-B visas are nonimmigrant visas issued by the U.S. Citizenship and Immigration Service to foreign workers in specialty occupations. Specialty Occupations are those occupations requiring specialized knowledge and training, such as engineering, medicine, architecture, law and mathematics, to name a few.   To ensure that employers do not engage in unfair wage practices, USCIS requires that employers pay H1-B workers at least the same wage as other similarly-skilled workers or prevailing industry wages. The number of H1-B visas is currently capped at 65,000 per year.  less -
News & Analysis as of

USCIS Announces Employment Authorization Eligibility For Certain H-4 Spouses

As part of President Obama’s executive action on immigration reform, the U.S. Citizenship and Immigration Services (USCIS) announced eligibility for select H-4 dependent spouses of H-1B visa holders to obtain employment...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based...more

DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses of H-1B Holders Seeking Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced earlier this week that, pursuant to a published regulation effective May 26, 2015, the Department of Homeland Security (DHS) is extending...more

Reasons to Increase the H-1B Visa Cap

The H-1B visa is one of the most highly sought-after – and most difficult to obtain – work visas. Only 65,000 general H-1B visas, and 20,000 advanced degree H-1B visas, are available each year. Given that U.S. Citizenship and...more

Final Rule Extending Work Authorization to H-4 Dependent Spouses Expected Soon

In his recent State of the Union address, President Obama made clear that In his recent State of the Union address, President Obama made clear that he would veto efforts by the Republican-controlled Congress to undo some of...more

H-1B Season is Almost Upon Us

As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

Recent Changes in US Immigration Processes and Technology

The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more

Why Your Company Should Consider Hiring Foreign IT Workers

Many employers look overseas to fill their employment needs. As we recently reported, hiring highly-skilled foreign nationals – particularly for IT jobs – can boost productivity and increase wages for the entire workforce....more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

Beware of Scam Targeting H-1B Applicants

Visa applicants are often the subject of scams and other fraudulent activity and the immigration lawyers at Shapiro Law Group have become aware of a new scam targeting H1-B visa applicants that arose over the summer....more

USCIS Regulations Slowly Catching up/Catching on to Current Immigration Realities

In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more

U.S. Customs and Border Protection Rolling Out Electronic Travel Records

In April 2013, U.S. Customs and Border Protection (CBP) introduced electronic Forms I-94, enabling nonimmigrants entering the U.S. via air and sea to easily access their Form I-94 Arrival/Departure Records online. As of May...more

USCIS Completes Data Entry For All FY 2015 H-1B Cap Petitions

On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions...more

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know [Video]

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

New H-1B visas for fiscal year 2015

As of April 1, 2014, USCIS will allow petitioners to submit cap subject H-1B visa petitions; these are petitions for foreign nationals who are not currently in H-1B status such as recently graduated F-1 students or workers...more

Time to Begin Preparing H-1B Visa Petitions for Foreign Professionals

Employers recruiting foreign students from U.S. universities or professionals from elsewhere in the world should begin planning for March 31, 2014. ...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

International Company Settles for Millions for Immigration Violations

An Indian company with offices in 30 countries, including the U.S., recently agreed to a record civil settlement of $34 million for allegations of immigration fraud and abuse of immigration procedures. The company, Infosys...more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Want To Create American Jobs? Remove American Barriers To Immigration

While America is often called the land of opportunity, immigration law often serves as a barrier for many business owners and foreign entrepreneurs. In an editorial in The Washington Post, Facebook founder and CEO Mark...more

U.S. Secretary of State Issues Press Release Confirming Same-Sex Spouses Can Apply For Non-immigrant Visas, Effective Immediately

On August 2, 2013, U.S. Secretary of State John Kerry issued a formal statement confirming that, effective immediately, when same-sex spouses apply for a non-immigrant dependent visa, the U.S. Department of State (DOS) will...more

Iowa Immigration Law Blog: Huge Leap for India EB2 in August

News travels fast, so you may have already heard that the waiting line for the EB2 (advance degree professional) category for India jumped from September 1, 2004, in July to January 1, 2008, for August....more

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

Traveling outside the United States for F-1 Students during Cap-Gap Extension

As you may know, F-1 students who filed H-1B petitions and were accepted as part of the lottery are eligible for cap-gap extension coverage. This allows F-1 students who have a pending or approved H-1B petition to have their...more

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