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H-1B Extensions

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 -
Harris Beach PLLC

Be Alert if Relying on Prior Employers’ I-140 Approvals to Extend H-1B Status

Harris Beach PLLC on

When U.S. employers hire a foreign worker who is maintaining H-1B status with another employer, they are required to file an H-1B transfer petition. It also behooves the hiring employer to screen those candidates to determine...more

Foley & Lardner LLP

USCIS Temporarily Extends Automatic Extensions of Employment Authorization to Up to 540 Days

Foley & Lardner LLP on

On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Harris Beach PLLC

H-1B Visa Denial Rates Skyrocket to 10-Year High

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The denial rate for H-1B petitions spiked through the first quarter of Fiscal Year 2019 to over five times what the rate was just four years ago. That’s according to a report published by the National Foundation for American...more

Moore & Van Allen PLLC

USCIS Clarifies Position on AC21 H-1B Extensions

Moore & Van Allen PLLC on

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Foley Hoag LLP

USCIS Suspends Premium Processing for ALL H-1B Petitions

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Late Friday, March 3, the United States Citizenship and Immigration Services (USCIS) announced that it was indefinitely suspending premium processing for ALL H-1B petitions filed on or after April 3, 2017. This suspension...more

Dickinson Wright

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

Dickinson Wright on

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

Bracewell LLP

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Bracewell LLP on

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

Franczek P.C.

The Omnibus Spending/Budget Bill: Summary of Immigration Riders

Franczek P.C. on

The Omnibus Spending/Budget Bill (“Bill”) that Congress passed today contained many significant immigration components, including extensions of the following vital programs...more

Baker Donelson

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

Baker Donelson on

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

Mintz

USCIS Resumes Premium Processing for H-1B Extensions

Mintz on

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

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