Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
The U.S. Department of State reports that the statutory cap for employment-based preference categories for fiscal year (FY) 2015 has been reached. The federal government’s fiscal year runs from October 1 to September 30....more
USCIS announced on September 24, 2015 that it will:
“suspend final adjudication of employment-based Form I-485 applications… because the Department of State reports that the statutory cap has been reached for the...more
In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with...more
The H-1B visa program has been one of the most successful programs in U.S. immigration history, allowing for U.S. entities to hire and place highly skilled workers, holding at least a bachelors’ degree or the equivalent, into...more
Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more
Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? In a series of posts we will explore alternatives to the H-1B.
The B-1 visa category traditionally permits foreign individuals...more
On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more
On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more
Many US employers are exploring opportunities to expand globally. Due to the English-speaking special relationship between the US and the UK, employers may first look to the UK to for international exapansion. However,...more
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 announced on July 14, 2015, that it completed the return of rejected fiscal year 2016 H-1B cap-subject petitions.
It was previously announced on May 4, 2015, that USCIS completed data entry of all selected...more
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
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
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
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
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
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
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
On May 4, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its data entry of all fiscal year 2016 H-1B cap-subject petitions selected in its computer-generated random lottery process....more
On May 4, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it completed data entry of all fiscal year 2016 H-1B cap-subject petitions and has selected petitions in its computer-generated random process. USCIS...more
Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment -
Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more
In This Issue:
- Employment Law Update After Young v. United Parcel Service, Inc.
- Excerpt from Employment Law Update After Young v. United Parcel Service, Inc.:
A pregnant employee walks into your...more
On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of...more
On April 13, 2015, USCIS conducted the computer-generated random selection process (aka “H-1B lottery”) and selected petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption....more
The USCIS has commenced issuing receipts for cap-subject H-1B petitions.
On April 27, US Citizenship and Immigration Services (USCIS) will begin premium processing of cap-subject H-1B petitions that request premium...more
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