H-1B Information

If you are reading this, the chances are you were not selected in the recent H-1B lottery.  The H-1B visa lottery is a highly competitive process, with a limited number of visas available each year. For those not selected, it can be a challenging situation, but there are alternative pathways and options to consider, depending...

Overview As of January 17, 2025, a new rule allows H-1B beneficiaries to self-petition even if they have a controlling interest in the petitioning entity. This change is designed to facilitate access to H-1B visas for entrepreneurs and beneficiary-owned businesses, providing them with the opportunity to contribute to the U.S. economy through innovation and job...

The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2026 H-1B cap will begin at noon Eastern on March 7, 2025, and close at noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must register each beneficiary electronically through a USCIS...

Participation in USCIS site visits is now mandatory. These site visits include employer’s offices, client sites, and even remote workers’ homes. If employers don’t cooperate, H-1Bs can be denied or revoked, meaning if an officer from US Citizenship and Immigration Services (USCIS) shows up at your door, you will need to co-operate with them, or...

On the first day of his presidency, Donald Trump signed an executive order challenging a fundamental constitutional right, birthright citizenship. The Fourteenth Amendment guarantees citizenship to individuals born within the United States. Trump’s order seeks to redefine eligibility, denying citizenship to children born to parents who are in the U.S. unlawfully, as well as to...

When an employer is unfamiliar with the H-1B process, the most common question I hear after approval is, “What should we do next?”  When an employee changes their status to H-1B, there are several important steps and considerations to ensure compliance with U.S. immigration laws. Here is a comprehensive guide for employers navigating this process:...

We have updated our H-1B FAQs to provide you with the most current and accurate information regarding H-1Bs.  1. What is an H-1B and who is eligible to apply? An H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s...

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...