When Is An H-1B Amendment Required?

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...

Welcome to our H-1B FAQs! This guide provides quick answers to your questions about the H-1B visa program, covering eligibility, application processes, and key considerations for employers and employees. My Employer has filed an H-1B cap petition for me. When can I start work? Before you are permitted to start work you must be selected...