With the current downturn in the economy, many employers are pressured to reduce the salary paid to their employees. Reducing the pay of their H-1B employees is tricky due to the obligations of an employer under the H-1B regulations. The…
The U.S. Department of Labor released on March 20, 2020 FAQs that included the following: 4. I am an employer with an approved Labor Condition Application (LCA). Due to the impact of the COVID-19 pandemic, I may need to move…
Per the Foreign Affairs Manual an H-1B beneficiary with a visa in their passport issued in the name of their old employer can continue to use the old employer’s visa after changing employers. This can be done until the date…
F-1 students who have graduated from a Master’s program sometimes find themselves in the unfortunate position of having completed OPT but not having been selected in an H-1B Cap lottery. They would have spent considerable time, money and effort into…
USCIS has announced that they will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing…
USCIS published a Final Rule related to the H-1B Cap lottery on January 31, 2019, that: Creates an electronic pre-registration process for H-1B Cap Petitions. The process will create efficiency as Employers only need to prepare and file H-1B Petitions…
Long-awaited regulations issued by the Obama administration that codify and expand policy interpretations of the categories of H-1B CAP exempt employers came into effect on January 17, 2017 Per INA 214(g)(5) “The numerical limitations contained in paragraph (1)(A) shall not…
DO NOT TRAVEL IF YOU CAN AVOID IT It should be noted that OPT and CAP GAP are products of regulations issued by the executive rather than statutes from Congress, and therefore can be changed by the administration without a…
USCIS released a new H-1B policy memo on Feb 22, 2018 related to third-party work sites. The memo is to be used by all USCIS officers adjudicating H-1B petitions. What are the consequences of this memo? A June 6, 1995…
McClatchy reported on Monday January 8, 0218 that Jonathan Withington, chief of media relations for USCIS, said ” USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation…
