H-1B Information

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) will be joining forces to investigate suspected cases of fraud of the H-1B specialty occupation visa program (H-1B program). The two federal departments have entered into an agreement under which DHS will share data and records on H-1B petitions in the...

Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation.  My first article focused on the proclamation’s immediate impact on non-immigrant workers.  For details...

60 days after suspending the issuance of green cards President Trump has now extended this order to include H-1Bs and a number of other visa categories. While many argue that the revival of the U.S. economy will depend on the help of Immigrants, this is not something which Trump can put into a slogan to...

By the publication of a new policy memorandum on June 17, 2020 (the “new memo” or the “June 17, 2020 memo”), U.S. Citizenship and Immigration Services (USCIS) has rescinded two policy memos responsible for most of the increase in the denials of H-1B petitions. The June 17, 2020 memo touches different requirements that were previously...

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...