Employment-Based Immigration

COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...

If you are thinking of opening a business or working in the United States but are still prospecting, you may be eligible for a B-1 visa to participate in business activities of a commercial or professional nature in the United States. This includes but is not limited to: Consulting with business associates Traveling for a...

The United States Government can grant the O visa classification to a non-immigrant temporary worker who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The classification...

Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable...

DOL is publishing its Prevailing Wage Rule on January 14, 2021.  This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages.  For further details of this rule please refer to our previous article, published on October 9, 2020. https://patel-law-group.local/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ After the above rule was published, we...

The Department of Homeland Security (DHS) is releasing a final rule changing the next lottery for H-1B specialty occupation visas from the current random selection process to one based on an individual’s wages. The final rule is to be published on 01/08/2021 and will be effective 60 days from the date of publication. Per USCIS...

USCIS recently updated its policy manual regarding the CSPA, to provide clarity on how it calculates a child’s age and the “sought to acquire requirement.” The CSPA provides age-out protection for children who are affected by the delay in adjudicating applications.  Because of the long processing times the CSPA can prevent a child aging out...

The Trump administration has now issued a third rule, which radically alters the H-1B program. The first rule was a DOL rule, which significantly increased the wage levels.  See our earlier articles which discuss these changes: https://patel-law-group.local/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ https://patel-law-group.local/it-companies-file-suit-against-dol-over-its-new-wage-rule/ The second rule was a DHS rule which changes the definition of H-1B specialty occupation, employer/employee relationship...