Visas H-1B

News & Analysis as of

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 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

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

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

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

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 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

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

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

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

Employment Law - April 2015 #2

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

Infosys Whistleblower Reveals H-1B Workers Have Minimal Skills

A whistleblower that works for Indian tech corporation Infosys claims that H-1B workers that replace Americans in their positions have little to no business knowledge and very few relevant skills to their positions. The...more

The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

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

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

Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal...more

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