Tag: H-1B Visas

While the H-1B cap for fiscal year 2013 has been reached, the Secretary of State has provided U.S. diplomatic and consular posts with further guidance for issuing B-1 visas in lieu of H-1B visas.  There are certain limited circumstances under which an alien who qualifies for an H-1B visa may more appropriately be classified as B-1 […]

The H-1B is designated for individuals who work in a “specialty occupation.”   This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]

An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file.  The employer must make the […]

The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990.  The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]

Congress sets an annual cap on the number of H-1B visas which may be issued in a given fiscal year (October 1 – September 30).  In recent years, this number has been 65,000 – plus an additional 20,000 granted to qualified workers who have earned their Master’s Degree at a U.S. institute of higher learning. […]

DOS Decides to Create Base Petitioner Record for All First Time Petitioners Lack of information in the USCIS Computer Linked Information Management System (CLAIMS) has resulted in a Department of State decision to create a “base petitioner record” for all first time petitioners.  The Kentucky Consular Center (KCC) has begun the process of creating these […]

Click here for background information on this topic. These preparation tips are similar to those offered in our previous article: H-1B Visa: Unannounced Site Inspections Expected to Increase Five-Fold in 2010 Proper preparation of employers in the event of an unanticipated site visit or telephonic interview is important.  Please ensure that the designated representative from your company is […]

If an employer terminates an H-1B employee before the end of that employee’s period of authorized stay, the employer is responsible for “reasonable costs” of return transportation of the employee to his or her last country of residence.  Further, regulations require notification to USCIS “immediately.”  This notification is required whether the termination was voluntary or […]

UCIS has verified an increase in worksite visits to H1B employers.  The site visit program began in July 2009, and includes a plan to conduct 25,000 such visits in fiscal year (FY) 2010. This is approximately five times the number of site visits that were conducted in FY2009. Conducted through the USCIS Office of Fraud […]

Are you interested in working in the U.S. as a professional? Do you have a job offer from a U.S. employer? If so, you may qualify for H-1B nonimmigrant status. The H-1B category is designated for temporary professionals to work in the U.S. in a “specialty occupation.” In general, “specialty occupation” is defined as a […]