Tag: H-1B Visas

On March 31, USCIS issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions. This document supersedes and rescinds a December 2000 memorandum that the agency has deemed “obsolete” and an inaccurate explanation of the current policy on H-1B visa criteria. This new memo amends the prior analysis for determining when […]

Foreign nationals employed by certain employers are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for their H-1B at any time of the year. In general, cap exempt employers are institutions of higher education, government research organizations, non-profit research organizations, and non-profit […]

The new rule published by USCIS eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability. These benefits are intended to ease restrictions on job mobility for foreign workers, especially from India and China, during their U.S. employment-based immigration process. The rule codifies USCISs interpretations of two key […]

Shortly after USCIS announced plans last week for increased enforcement efforts against H-1B employers, the U.S. Department of Labor also issued its own news release summarizing how it will help detect H-1B fraud and abuse. The DOL plans to protect U.S. workers from H-1B program discrimination by providing “greater transparency and oversight.” The DOL memo […]

On Monday, April 3, USCIS released a memo announcing multiple measures to further deter and detect H-1B visa fraud and abuse. Protecting American workers by combating fraud in the employment-based immigration programs is a top priority of USCIS. The memo states, “The H-1B Visa Program should help U.S. companies recruit highly-skilled foreign nationals when there […]

One of the ways that USCIS ensures employers are H-1B compliant is through site visits. A site visit occurs when an immigration officer visits the worksite of selected H-1B foreign nationals. These site visits are generally chosen at random and are unannounced, meaning that H-1B employers and employees should be prepared for such potential visits […]

On January 17, 2017, the Department of Homeland Security (DHS) began implementing its amended regulations regarding certain employment-based immigrant and nonimmigrant visa programs. The government published its final rule regarding the proposed changes in November 2016. The final rule provides the text of the new and revised regulatory language as well as DHSs responses to […]

QUESTIONS TO ASK ABOUT THE PROPOSED MERGER/ACQUISITION: How is the deal to be structured? Is it a merger or a spin-off where employees will have a new employer with a different FEIN? Is it a stock purchase? Is it an asset acquisition where no liabilities are being assumed? Is it a successor in interest where […]

General Overview Enforcement actions or audits can be carried out by various arms of the government, including U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), and the Department of Labor (DOL). Inquiries by one government agency will often result in inquiries or actions by another government agency. The most common types of […]

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that beginning on April 3, 2017 it will suspend premium processing on all H-1B Petitions for up to six months. What is Premium Processing Service? USCIS currently offers a Premium Processing Service that allows payment of a fee to get a guaranteed faster processing […]