Tag: H-1B Visas

The Department of Homeland Security (DHS) issued the final public charge rule last month, and it will go into effect this coming Tuesday, October 15, 2019. With this new change, individuals who are likely to rely on public benefits while in the U.S. could be denied either admission to the country or an adjustment of status to lawful permanent resident...

In a letter to the U.S. Court of Appeals for the D.C. Circuit, the Department of Homeland Security (“DHS”) has informed the court that a proposed regulation to rescind the H-4 employment authorization is not likely to be published in the Federal Register...

USCIS announced yesterday the fee involved with the newly required electronic registration of H-1B cap petitioners. The fee is $10 for each electronic registration, and it is intended to recover the costs spent on the new H-1B registration system. The proposed fee for electronic registration is...

The new Foreign Labor Application Gateway, “FLAG”, has been adding new filing capabilities in the past few months. Next on the to-do list is moving H-1B filing over to FLAG, along with filings for H-1B1 and E-3 programs. The shift is scheduled for later this year...

The H-1B visa allows employers to temporarily employ a foreign national, who possesses at least a bachelor’s degree, in a specialty occupation. The H-1B employment period generally begins on October 1, the start of the federal government’s fiscal year.  There are special rules that act to automatically extend the US employment eligibility of qualified F-1 […]

With H-1B cap season winding down, employers will soon begin to receive returned petitions that were not selected in the lottery. Employees who have other valid status, such as F-1 OPT or L-1, can remain in the United States and keep working so that their employer may try again for the lottery next year. However, […]

On April 18, 2017, President Donald Trump signed an Executive Order titled “Buy American and Hire American.” The President insisted that the Executive Order would favor American workers more so than the policies already in place. He also intended, among other things, for the “Buy American and Hire American” Executive Order to address his concerns […]

The H-1B program provides an avenue for businesses in the United States to bring foreign nationals into the country to work. But, not just any foreign national will qualify for an H-1B visa. H-1B visas apply only to foreign workers with at least a bachelor’s degree and to occupations that require “highly specialized knowledge.” For […]

On April 1, 2019, USCIS launched the H-1B Employer Data Hub, a search tool/information base that provides information to the public. Some employers in the United States use the H-1B program to temporarily employ foreign workers in certain occupations. The Data Hub helps the public to view which employers petition for H-1B workers and calculate […]

The United States Department of Labor (DOL) regulations require all H-1B employers to maintain a list of records regarding the H-1B workers that they employ. These records are referred to as the public access file, or PAF. The PAF includes documentation of such information as the rate of pay for the H-1B workers and a […]