H-1B

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Due to high demand, businesses must be ready to file their completed H-1B petitions on April 1. The Immigration and Nationality Act (INA) allocates 65,000 new H-1B visas each fiscal year, running October 1 – September 30.  20,000 more H-1Bs are reserved for individuals who received a master’s degree or higher from a U.S. educational…

I tend look on the bright side of things.  Although the government shutdown has halted our ability to file PERMs, LCAs and prevailing wages (to name a few) and tested our faith in the political system, I see a silver lining.  This shutdown allows a little “me” time.  It is a time to review lately…

Reports have surfaced that some U.S. consulates are denying H-1B visa applications on the ground that the certified Labor Condition Application referenced the incorrect wage level for the position. This can mean significant staffing issues for employers expecting workers on H-1B visas.

In about a month, beneficiaries of FY 2014 H-1B petitions will be able

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In a departure from prior interpretations of H-1B sponsorship, a New York state court ruled an H-1B work visa application established an employment contract sufficient to support the employee’s breach of contract claim. Kausal v. Educational Products Information Exchange Institute, d/b/a EPIE Institute, 2013 N.Y. App. Div. LEXIS 2491 (NY Apr. 17, 2013).

Nikhil Kausal…

AUTHOR:  Davis C. Bae.

The USCIS announced on April 8, a week after it began accepting H-1B petitions, that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. It received approximately 124,000 H-1B petitions, including petitions for the advanced degree exemption. This likely will mean…

Employers who place workers at  multiple worksites, whether theirs or someone else’s, must include the assignment’s details to the Department of Labor (DOL) and the Citizenship & Immigration Service (CIS) on H-1B petitions.  As the nation’s workforce embraces alternative work modes  (e.g., remote workers, roving employees, and virtual office workers), foreign nationals  who are so…

In early 2005, USCIS created the Benefit Fraud and Compliance Assessment (BFCA) program. The program was developed to “evaluate the integrity of various nonimmigrant and immigrant benefit programs” by reviewing petitions and applications for factors related to fraud.

The BFCA completed an assessment of the H-1B program in 2008. They reviewed 246 H-1B petitions drawn…