A Change in Worksite Now Requires an Amended H-1B Petition!

Attention H-1B employers! A recent precedent decision by the Administrative Appeals Office now requires H-1B employers to file an amended petition when there is a change in the worksite. The decision, Matter of Simeio, states that “A change in the… Read More
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Denial of Employment-Based L-1 Visas Continues To Increase

The U.S. Citizenship and Immigration Services (USCIS) issues L-1 visas to foreign employees of multinational companies that want to transfer highly-skilled employees to the United States. A qualifying employer may submit an L-1A petition for executiv… Read More
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H-4 EADs: Coming Soon to a Household Near You!

At long last, USCIS has issued final regulations that will allow H-4 dependent spouses of H-1B visa holders to apply for work authorization (also known as a work permit or employment authorization document). At this point USCIS has not yet issued an… Read More
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FY 2016 H-1B Cap Lottery Completed! What’s Next for the H-1B Winners and Losers?

USCIS announced today that it has completed the lottery for the FY 2016 H-1B cap petitions received. The agency reports receiving approximately 233,000 cap-subject petitions, including U.S. master’s degree petitions. USCIS officials say premium pro… Read More
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Obama's Executive Action and the I-485 - When Can I File?

On November 20, 2014, President Obama issued an executive action outlining immigration reform initiatives that were to be detailed and implemented in the coming months. While much attention has been given to the provisions for undocumented foreign na… Read More
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H-1B Cap Season Is Upon Us! Ten Ways to Prepare NOW for Success

Tis the season – H-1B season! As an immigration attorney practicing in the employment-based immigration realm, I fondly refer to the period of time from around January to April 1 each year as H-1B season. This is the time of year when our office is… Read More
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How to document an in-house project for an H-1B filing

Are you planning on filing an H-1B petition for an in-house project? Make sure you proactively submit proper documentation of the project! Sometimes IT consulting companies have the H-1B employee work at the H-1B employer’s offices instead of at an… Read More
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Specialty Occupation RFEs for H-1Bs: Are level one wages special enough?

The true case examples used below are used for illustration purposes. Case results depend upon a variety of factors unique to each case and case results do not guarantee or predict a similar result in any future case undertaken by a lawyer. In this p… Read More
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Business Existence Documentation for H-1B Petitions

Tis the season! While many in the U.S. are busy preparing for the holiday season, employers and potential H-1B employees are bustling filing H-1B transfers for the start of the new year, and thinking about preparing for the H-1B “cap” sea… Read More
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Filing an H-1B for the First Time? Have Your FEIN Verified!

One of the steps involved in the H-1B petition process is filing a labor condition application with the U.S. Department of Labor. This is done online. However, if an H-1B sponsor has not filed an H-1B petition before, the online system will not recog… Read More
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