Terminating An H-1B Employee. What Employers Need To Know

Employers that hire H-1B employees need to be aware of their responsibilities when terminating an H-1B employee. When an employee comes to the US to work for an employer, they typically receive approval for 3 years.  This means they have an expectation of working for that employer for the full 3 years.  Of course, as...

H-1B visa is one of the most utilized visas by employers to bring foreign talent to the U.S. The H-1B program is intended to allow employers to hire foreign workers temporarily, where such skills cannot be found domestically. The H-1B program is available for specialty occupation workers and fashion models of distinguished merit and ability....

Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in...

More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been...

Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has...

2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying...

USCIS recently released its updated FAQs on the electronic registration for FY2022.  Those questions can be accessed via the link below: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process One of those questions concerns multiple filings by related entities for the same beneficiary. USCIS reminds applicants that an employer may not file more than one H-1B petition for the same beneficiary in...

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...