Clarity and Strength in Immigration Law

Tagged: H-1B Petitions

New (and improved?) LCA: Nobody Panic Yet

By Samantha Davis, Immigration Lawyer, Richmond VA On Monday November 19, 2018 the Department of Labor introduced an updated Form 9035, or Labor Condition Application (LCA). Before an employer files an H-1B, they must have an LCA certified by the Department of Labor. Fortunately, the LCA updates will not require you to resubmit previously submitted […]

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H-1B Cap Gap Ends 9/30/18 – Beware Unauthorized Employment!

Attention all employees and employers who filed an H-1B petition under the H-1B cap in April! The H-1B cap gap provisions in the regulation allow an H-1B candidate to keep working even after their OPT has expired, assuming an H-1B petition requesting change of status was timely filed while their OPT was still valid. This […]

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H-1B Premium Processing Is Suspended

Today, USCIS announced that they are extending the H-1B premium processing program for H-1B cap cases until at least 2/19/2019, and that they are extending the H-1B premium processing suspension for certain other types of H-1B petitions. What does this mean? Please refer to our handy chart below for insight on how much you should […]

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NTA Policy On Hold — For Now

Earlier this month, we wrote about two new major policy changes with US immigration: 1) a policy memo was issued that directed USCIS to issue a Notice to Appear (NTA) when a petition or application was denied, leaving the beneficiary or applicant out of status, and 2) a memo allowing USCIS officers to flat out […]

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Double Down: New Dangers of Deportation Even for Legal Immigrants- Proceed with Great Caution

These are difficult times in the US immigration landscape, even for foreign nationals who are in the US legally. We often hear in the news about the separation of children whose parents are seeking asylum in the US, the de-naturalization task force, or processing backlogs. We hear less in the news about the new restrictionist, […]

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How Can You Avoid an H-1B RFE: Part 2 – Duration of Project and End Client Letters

Yesterday we wrote about some of the common themes in H-1B RFEs these days. Today we continue that discussion with a look at some issues that affect primarily (but not exclusively) IT professionals placed at third-party clients sites. Duration of the Project/Availability of Specialty Occupation Work Unless a person is running of time in H-1B […]

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How Can You Avoid an H-1B RFE? Part 1: Specialty Occupation RFEs

These are tough times for US immigration, and the challenges are not just limited to the border crisis. The current administration is building an invisible wall, brick by brick, to prevent even highly educated, skilled professionals from joining the US workforce, and remaining a vital part of our economy. So it would seem the short […]

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The RFEs Are Coming! The RFEs are Coming!

It’s no secret that the RFE (request for evidence) rate for H-1Bs and other types of immigration filings have increased tremendously during the Trump administration. The RFE rate for H-1B petitions alone increased by 45% last year over the previous year, and we expect the same if not more this year. This increase in RFE […]

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What’s New with USCIS Processing Times?

It’s no secret that USCIS processing times have increased across the board for nearly all types of immigration filings in the past year or so. It can be frustrating for employers, employees, and family members who are anxiously awaiting a decision on a case from USCIS. USCIS has announced a pilot program to try to […]

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H-1Bs and H-4 EADs Under Trump: What’s Fact, What’s Fiction, and What’s Coming?

The past year or so has brought plenty of changes for those of us living in the employment-based immigration world. One year ago this April, the Trump administration published the Buy American, Hire American executive order. As immigration attorneys who practice employment-based immigration law, we have seen numerous changes in the way petitions are adjudicated […]

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