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H-1B FDNS Hiring & Firing

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 -
Fisher Phillips

H-1B Employers Beware: An Employer’s Step-By-Step Guide to Fraud Detection and National Security Directorate (FDNS) Site Visits

Fisher Phillips on

If you’ve “won” the H-1B lottery and are fortunate enough to have key foreign national workers at your organization, you may think your worries are over – but a recent trend may mean you’ll get a site visit at your workplace...more

Kramer Levin Naftalis & Frankel LLP

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more

FordHarrison

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

FordHarrison on

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

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