Our office handles a substantial number of H-1B work visa petitions for a variety of U.S. employers and we often share our direct experiences with the H-1B work visa program. This article is intended to share our experience with H-1B work visa petitions where there is a change of the job location once the H-1B [...]
Our office received many inquiries by both H-1B sponsor companies and employees about what kind of fee payment arrangement is permissible under the H-1B regulations. Background of H-1B Filing Fees There are several H-1B filing fees, which are applied differently depending on the employer (private employer v. university or non-profit research entity) and on the [...]
In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]
The H-1B regulations impose certain additional recruitment and attestation requirements to so called “H-1B dependent employers.” Therefore, it becomes to understand the definition of H-1B dependent employer. Definition of H-1B Dependent Employer Pursuant to 20 CFR 655.736, an H-1B dependent employer is one which meets one of the following standards: The employer has 25 or fewer full-time equivalent [...]