H-1B Information

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...

USCIS held a webinar on 02/06/20 for Employers wishing to file online registrations directly.  Today USCIS held a further webinar, specifically for Attorneys.  Below were the main points that were discussed in both webinars: Filing a registration: If an employer intends to use an Attorney to submit the Electronic registrations, both the Attorney and the...

Employer’s Responsibility to Maintain a Public Access File (PAF) Under 20 CFR 655.760, employers of H-1B workers (also H-1B1 and E-3) must keep a Public Access File (PAF). Creation and Access to the PAF An employer must file an Labor Condition Application (LCA). They must also make their supporting documents available for public inspection. They must do...

Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution...

Why is USCIS implementing an Electronic Registration process for cap-subject petitions for FY 2021?   The electronic registration is intended to simplify the process of applying for a cap-subject petition by submitting a registration form online.  In previous years USCIS has required Employers to submit an entire petition.  By utilizing an online registration Employers will...

For the past 6 months, I have been encouraging clients to file Federal Lawsuits to overcome unreasonable delays in processing petitions and to overcome wrongful denials.  I truly believe this is the only way to hold USCIS and the Department of State accountable. Recently I was contacted by a client who had received a 221g...

H-1B Specialty Occupation The H-1B visa is one of the most commonly used visas for companies looking to hire foreign talent. The H-1B is a dual- intent, non-immigrant visa, that requires a candidate to be working in a specialized knowledge position, that requires a Bachelor’s degree or equivalent or higher in a specific field. H-1B...