Tag: H-1B Visas
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Adjudication of H-1B Petitions for Nurses
The most up to date U.S. Citizenship and Immigration Services (USCIS) policy memo on the adjudication of H-1B petitions for nursing position was issued in 2015, making it still applicable today. Its purpose was to assist USCIS officers in deciding whether or not a nursing position meets the definition of a specialty occupation. H-1B Specialty […]Read More -
How to Prepare For the H-1B Visa Lottery in 2023
Preparing for the H-1B Visa Lottery in 2023 can be daunting. But with the right advice, it doesn’t have to be! Watch this video to learn what you need to do now to increase your chances of getting one of the coveted 85,000 visas available. The H-1B category is designated for temporary professionals to work […]Read More -
It’s Not Too Late for the H-1B Visa Lottery
Our Managing Partner, Rosanna Berardi, talks about the H-1B lottery. The H-1B category is designated for temporary professionals to work in the U.S. in a specialty occupation, which is generally defined as a position that requires at least a Bachelors degree or the equivalent. The applicant must prove eligibility for the H-1B category with documentation […]Read More -
Tech Layoffs and Compelling Circumstances EAD
Recent widespread layoffs, primarily in the technology sector, have left many H-1B workers and other nonimmigrant workers with questions regarding their options to lawfully remain in the United States after being terminated. In response to the increasing number of layoffs, U.S. Citizenship and Immigration Services (USCIS) released an update on the options for nonimmigrant workers […]Read More -
FY 2024 H-1B Cap Initial Registration Period
U.S. Citizenship and Immigration Services (USCIS) recently announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon (Eastern Time) on March 1 and run through noon (Eastern Time) on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations […]Read More -
Extension of Interview Waivers for Certain Nonimmigrants
The Department of State (DOS) recently announced that it is extending its policy to waive in-person consular interviews for certain nonimmigrant applicants through December 31, 2023. Consular officers will have the authority to waive the interview requirement on a case-by-case basis for both first-time and renewing applicants. Individuals who hold the following nonimmigrant visa categories […]Read More -
Benching of H-1B & L-1 Visa Employees
Benching of H-1B Employees It is not permitted to bench H-1B employees without pay. At any point when an H-1B employee is not performing work or not in productive status because a company does not have an immediate project for them, the employee must still continue to receive the same wage listed in the Labor […]Read More -
“Good Faith” Recruiting in PERM Labor Certification Applications
PERM is a U.S. Department of Labor (DOL) Program, which stands for Program Electronic Review Management. There are three steps in acquiring a PERM labor certification: During Step 2, sponsoring employers must engage in a series of good faith recruiting steps, meaning they must make a good faith effort to first hire “able, willing, qualified, […]Read More -
I’m on an H-1B and Have Been Laid Off. Can I Change to Visitor Status?
Are you one of the many recently laid-off U.S. tech workers? Associate Attorney Erica Chiodo discusses whether H-1B holders can change to visitor status in the video below. Berardi can help in a variety of ways, so check out our Tech Workers Resources page and fill out our intake form for next steps. If you […]Read More -
I’m on an H-1B and Have a Pending Green Card. I’ve Been Laid Off. What Are my Options?
If you’re one of the many tech workers in the U.S. that has been laid off by your employer, check out our latest video with Associate Attorney Zach Ahlstrom. You may also be interested in our Tech Workers Resources page and if you want to take the next steps then just fill out our intake […]Read More