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Tag: h-1b visa

  • Will H-4 Nonimmigrants Lose Employment Authorization?

    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...
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  • Fee Announced for H-1B Electronic Registration

    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...
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  • Online Filing Options Through New FLAG System

    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...
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  • Understanding OPT Cap-Gap

    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 […]
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  • Not Selected in the H-1B Lottery? Explore Your Other Global Options

    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, […]
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  • The ‘Buy American and Hire American’ Executive Order Two Years Later

    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 […]
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  • USCIS Reaches the H-1B Cap for 2020

    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 […]
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  • USCIS Launches H-1B Employer Data Hub

    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 […]
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  • H-1B Notice Requirement Compliance by Electronic Posting

    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 […]
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  • Premium Processing for H-1B Petitions Submitted Before December 21, 2018 Resumes

    In March of 2018, United States Citizenship and Immigration Services (USCIS) suspended premium processing for all H-1B petitions subject to the 2019 cap. The reason for the suspension was to provide an opportunity for the agency to work through a backlog of petitions and thereby reduce overall H-1B processing times. Many H-1Bs had gone unprocessed […]
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