In a formal recommendation to USCIS, its Ombudsman has reviewed the current H-1B filing requirements with respect to LCAs and has concluded that changes to the LCA/H-1B filing process are necessary to avoid a number of negative consequences prejudicing employees and employers alike. The drive behind this policy review by the USCIS Ombudsman is a number [...]
We have reported of increased H-1B employer site visits as part of USCIS’ Administrative Site Visit Verification Program (ASVVP). Some of our clients have experienced such site visits and in this article we aim to describe the process and the kind of information sought by the site inspectors during each visit. Generally, site inspectors arrive unannounced [...]
H-1B Duration and Limits By law, the maximum duration of stay in any H status is six years. As a result, if a foreign employee held one or more kinds of H status, or held L status, then the total period spent in the U.S. in all of these statuses are added together to determine how [...]
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 [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, September 25, USCIS has received approximately 46,700 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, September 18, USCIS has received approximately 46,000 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
Under a new directive marked as “Tier 1″ (high strategic importance and significant impact on one or more industries), the Internal Revenue Service (”IRS”) has indicated that it will be focusing increased resources on H-1B sponsor companies’ tax withholding and reporting. As our clients and readers know, the H-1B nonimmmigrant work visa is one of the [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, August 28, USCIS has received approximately 45,100 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
By nature, consulting companies often send their employees to work at a third-party’s worksite and perform services onsite. When filing H-1B work visa petitions for their workers, many consulting or third-party worksite companies have faced an increasing number of requests for evidence (”RFES”) requesting information about the duties of the employee, itinerary of work and [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, August 14, USCIS has received approximately 45,000 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]