H-1B Information

Welcome to our guide on securing H-1B approval beyond the 6-year limit. This resource explores strategies and options to extend your H-1B status. It gives valuable insights for navigating this key part of the visa process. An individual on H-1B visa may only stay for 6 years. This limit also applies to spouses and children...

Over 2 months ago I wrote an article stating that a Federal Judge had ruled that USCIS could no longer rely on its 2018 Contracts and Itineraries memo. Here is the link to the original article: https://patel-law-group.local/federal-judge-rules-that-uscis-can-no-longer-use-its-policy-memos-to-justify-denying-h-1b-petitions/ In this article I explained that despite the decision it didn’t necessarily mean USCIS would abide by it. ...

During the current pandemic, many struggling businesses are furloughing or laying off employees at alarming rates.  However, for employers of H-1B workers, different rules apply and for those Employers wanting to maintain their workforce, there are other options to consider first. H-1B lottery winners- should Employers withdraw selected registrations following the loss of a project?...

Finally, both DOL and USCIS are showing a willingness to relax their requirements in an effort to help Employers timely respond to requests for information during the COVID-19 pandemic. DOL The DOL has announced the following temporary measures to allow Employers to continue to comply with its regulations: Extension for deadlines: DOL has extended the...

We are living in very uncertain times.  As a result of the COVID-19 outbreak, many employees are being asked to work remotely in order to slow the spread of the virus.  Due to the number of office closures Employers need to take a closer look at the Department of Labor (DOL) regulations to ensure that...

In a huge win for IT Consulting companies, a Federal Judge has now ruled that USCIS can no longer use its policy memos to continue denying H-1B petitions. In the last few years, the number of RFEs and denials have skyrocketed, largely due to additional requirements placed on H-1B Employers when filing petitions.   Although there...

Requests for Further Evidence commonly referred to as RFEs have become commonplace in the Immigration world, particularly for employment-based petitions such as H-1Bs and L-1s. In FY 2018 the number of RFEs skyrocketed and this trend continued into FY 2019. This increase in challenges from USCIS is largely due to various policy issues by USCIS...

An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified...