Tag: H-1B Visas

In 2015, the Obama administration created regulations extending eligibility for work authorization to H-4 dependent spouses. Currently, H-4 spouses are permitted to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the American Competitiveness in the Twenty-First […]

Public Access File When employing a foreign worker in H-1B status, there are a number of Department of Labor (DOL) regulations which must be carefully adhered to. Importantly, H-1B employers are required to maintain a file that is available for public inspection. This is referred to as the “Public Access File” (PAF). A complete PAF […]

In May 2015, the Obama administration extended eligibility for work authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants. The new regulations permitted H-4 spouses to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the […]

There are numerous options available to foreign nationals who wish to enter the U.S. and work on a temporary basis. The first step is acquiring a nonimmigrant visa or work permit. This allows an individual to enter and work in the States for a limited period of time. The application process begins with an employer […]

Beginning October 3, 2017, USCIS will resume premium processing for all H-1B petitions. Premium processing was temporarily suspended by USCIS back on April 3, 2017 in an effort to reduce overall H-1B processing times. Individuals with a pending Form I-129 can now file Form I-907, Request for Premium Processing Service, and a copy of their […]

Clients commonly ask who is required to pay the fees associated with filing an H-1B or a green card petition through an employer. The answer is not always straightforward. Below is a breakdown of the fees linked to each petition and who is required to pay. H-1B When filing an H-1B petition, there are two […]

Yesterday, USCIS announced that they have resumed premium processing for all H-1B visa petitions subject to the fiscal year 2018 cap. The fiscal year 2018 cap has been set at 65,000 visas. Premium processing has also been resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s […]

Premium processing has been suspended for all H-1B petitions since April 3, 2017. The program was put on hold in an effort to reduce overall H-1B processing times. A high volume of premium processing requests over the past few years put a strain on USCIS making it difficult to process long-pending petitions and to prioritize […]

Premium processing has been suspended for all H-1B petitions since April 3, 2017. USCIS suspended the program in an effort to reduce overall H-1B processing times. A high volume of premium processing requests over the past few years has put a strain on the department. It has been difficult for USCIS to process long-pending petitions […]

On May 23, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum concerning the H-1B Master’s Cap exemption. The memorandum designated the Administrative Appeals Office (AAO) decision in Matter of A-T-Inc. as an Adopted Decision. It establishes policy guidance that applies to and binds all USCIS employees. It states that “in order […]