In 1998 before the promulgation of the current PERM regulations, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in FRANCIS KELLOGG, 1994-INA-465 and 544, 1995-INA 68 (BALCA Feb. 2, 1998) (en banc). Kellogg involved three…
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 O-1 is a temporary non-immigrant status/ visa meant for foreign nationals with extraordinary ability in science, education, business or athletics, or in the motion picture and television field. They may be filed by a U.S. employer, a U.S. agent,…
The order only applies to those currently outside the United States, who do not have a valid immigrant visa or other document (advance parole) that allows them to travel to the U.S. It does not apply to: permanent residents Those…
Last night Trump tweeted “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into 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…
In 2008 the MAVNI recruitment program of the U.S. Department of Defense went into effect to enlist into the U.S. military services legal U.S. non-immigrants who were critical health care professionals or had critical language skills. The program offered U.S….
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…
