Top Five Things the H-1B Employer and Employee Must Know

Numerical limit/annual cap: There is an annual cap of 65,000 H-1Bs available every year, plus an additional 20,000 H-1Bs for U.S. master’s degree holders. U.S. Citizenship and Immigration Service’s (USCIS) fiscal year begins October 1. Therefore… Read More
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What is the current AAO processing time?

The Administrative Appeals Office adjudicates immigration cases that have been appealed from a denial by USCIS. If an immigration filing is denied, the applicant or petitioner may sometimes have the option of appealing the decision, or of re-filing a… Read More
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How to file a successful H-1B petition - Part 2 (How to prove the employer-employee relationship!)

In the previous post, I reviewed the key requirements for a successful H-1B petition. The last part of that post was about how the employer must prove a need for the position. On a related note, the employer must clearly establish the employee-employ… Read More
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How to file a successful H-1B petition - Part 1

The H-1B petition for specialty occupation workers is one of the most popular visa classifications used. However, having an H-1B petition approved is not as easy as submitting the required forms and submitting the prospective H-1B employee’s resume… Read More
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Prediction for H-1B Cap FY 2013

H-1B filing season is upon us! There is an annual limit of 65,000 H-1B visas available every year, with an additional 20,000 visas available for U.S. master’s degree holders. Note that this cap only applies to new cases; not to H-1B transfers or ex… Read More
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Is my award EB-1 or NIW worthy?

One of the criteria for the EB-1 alien of extraordinary ability (EB1A) and outstanding researcher or professor (EB1B) is the receipt of a national or international award (this can also be used for the National Interest Waiver petition). What does thi… Read More
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L-1 Petitions - Frequently Asked Questions

1. What is an L-1 visa? The L-1 visa is a nonimmigrant (meaning not permanent residence/green card) visa. It is designed to facilitate the transfer of multinational employees from a company outside the U.S. to that same company’s office in the US.… Read More
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L-1 Petitions - Frequently Asked Questions for the Employee

1. I’m in a different immigration status right now. Can I change status in to L-1 without leaving the US? You may be able to. If you are in J-1 status, you must confirm with your attorney that you are not subject to the two –year home residence r… Read More
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US Consulate in China Launches Streamlined Visa Processing!

Streamline and immigration are not two words you commonly hear in the same sentence, at least not about visa processing. However, the U.S. consulate in China has launched a new program to expedite the processing of applications for visa renewals by w… Read More
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Current I-601 Waiver Processing Times

How long will it take your I-601 waiver to be processed? The answer depends on a number of factors, depending on whether the case is clearly approvable, and depending on which USCIS office is processing the case. For example, Ciudad Juarez receives n… Read More
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