The Administrative Appeals Office (“AAO”) recently issued a decision in a case focusing on the correct interpretation of the L-1A visa requirements for functional managers. In Matter of Z-A-, Inc., the AAO clarified that when determining whether the foreign national will primarily manage an essential function, USCIS must consider all relevant factors, including the foreign [...]
The Department of Homeland Security has just released a proposed rule seeking to amend (increase) most of the Citizenship and Immigration (USCIS) application filing fees. The weighted average of the increase is 21 percent and USCIS is adding one new fee. The [...]
As we are going into the peak of the H-1B cap season, our office receives many inquiries about the duration of the H-1B filing season [...]
With the approaching H-1B cap filing season, one of the most common concerns we are hearing from both prospective H-1B employers and candidates is about the H-1B cap lottery and the fact that the random lottery does not provide a great chance of an H-1B application being selected for review. Our office has handled thousands [...]
On April 1, 2016 the U.S. Citizenship and Immigration Services (USCIS) will start accepting applications for one of the most popular U.S. work visas, H-1B, for fiscal year (FY) 2017. Our intelligence and past [...]
In response to the changed H-1B petition amendment requirements following the Simeio decision, the U.S. State Department has circulated a cable to U.S. Consulates worldwide with specific guidance to consular officers on how to address H-1B visa stamping petitions where there is change of employment. While the cable does not create new policies, it specifically [...]
In a sudden and surprising move, a number of immigration-related provisions were inserted into the must-pass government funding bill, titled “Consolidated Appropriations Act, 2016” The bill passed both the House and the Senate and was signed into law by President Obama on [...]
A recent class action lawsuit serves as a reminder that employment policies for H-1B workers must comply not only with Federal immigration laws, but also state and local labor rules. On November 9, 2015, Accenture PLC, a global professional services company, became the defendant in a class action lawsuit filed in New York State. The [...]
On October 9th 2015, California Governor Jerry Brown approved Assembly Bill No. 622 (AB 622). AB 622 is intended to prevent employment discrimination effected through improper use of the federal E-Verify system – the mostly voluntary online program allowing registered employers to check the employment authorization of new employees. AB 622 does not mandate or [...]
September 30, 2015 was the last day on which the additional filing fee required to be paid by certain H-1B dependent employers was required. The Public Law 111-230 additional filing fee of $2,000 was required to be paid [...]
