The current administration has set a goal of slowing down the legal immigration process to achieve a reduction in immigration and arguably protect US jobs. As a result, last year saw its fair share of policy upheavals, including: Three successive travel bans; The...
H-1B/H-4
Update: USCIS Resumes Premium Processing for All H-1B Petitions
On October 3, USCIS resumed premium processing for all types of H-1B petitions. Premium processing for H-1B petitions and other selected types of employment-based cases is available for an additional government filing fee of $1,225. In exchange, your petition is...
USCIS Policy Guidance on H-1B Master’s Cap Exemption
This May, USCIS issued an important policy memorandum about the H-1B master’s cap exemption. In order to qualify for the exemption, the institution granting your master’s degree must be considered a US institution of higher education, as defined by the Immigration and...
Alert: Requests for Additional Evidence for H-1B Petitions
Imagine winning a coveted lottery. You are over the moon… and then someone threatens to take your deserved, well-documented, and legally required win away. This is what is happening to many employers and foreign nationals that were fortunate to be selected under the...
Alert about Employees in F-1 Status Changing to H-1B
Most students in F-1 or J-1 status are exempt from FICA (Medicare and Social Security) taxes, but once an employee’s status changes to H-1B, that exemption ends. They will become subject to FICA taxes. As the employer, you must begin withholding FICA taxes upon...
Options Beyond the H-1B: Consider the NIW and Its New Adjudicatory Standard
On December 27, 2016, the Administrative Appeals Office (AAO) issued a landmark decision for EB-2 National Interest Waiver (NIW) green card cases, which may make it easier for some to pursue this option. The AAO decision eliminated the existing NYSDOT standards...
FAQs about the New Rule’s Impact on H-1B Cap Exemptions
The H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April. One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be...
Premium Processing Suspended Temporarily
The USCIS announced that it is temporarily suspending premium processing of all I-129 H-1B petitions. The suspension will begin on April 3, 2017, the first business day for filing H-1B cap petitions. USCIS has indicated the suspension may last up to six months....