About the H-1B Visa and the Annual H-1B Cap The H-1B visa is one of the most commonly used U.S. work visas for highly skilled foreign born workers in fields such as information technology, engineering, research, academia, and others. The H-1B visa is both highly desirable and, unfortunately, in short supply. The H-1B visa category was created [...]
The final version of the stimulus bill, The American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1), was passed by the Congress late on Friday. The final version of ARRA included Senator Sanders’ amendment and the final version which is expected to be signed into law by President Obama on Tuesday, February 17th, will restrict [...]
Today, Tuesday, February 10, the U.S. Senate is expected to vote and approve a version of the Stimulus Bill which President Obama has been pushing very hard over the past weeks. The version of the Stimulus Bill contains a provision which would automatically and for a period of two years make all employers who are [...]
The Vermont Service Center (VSC) has provided an update to the number of pending cap-subject cases which were filed pursuant to the H-1B FY 2009 cap in April 1, 2008. As of January 9, 2009, there are a total of 3,432 H-1B cap cases, in various stages of adjudication, which remain pending. VSC has indicated that [...]
The Vermont Service Center (VSC), through the AILA Liaison, has provided some guidance and a refresher on when the H-1B status of an employee terminates in connection with termination of employment or revocation of the H-1B petition by the employer. The timing of the termination of the H-1B status is very important, because under USCIS [...]
A recent decision from the Administrative Review Board (ARB) held that when an H-1B employer fails to terminate H-1B employee and notify USCIS of such termination is liable for payment of back wages. ARB held: Under the INA’s “no benching” provisions, the employer is obligated to pay the required wage even if the H-1B nonimmigrant is [...]
We have been receiving many inquiries about the status of the H-1B processing. It is our practice to post updates as soon as we receive them. The latest update is dated November 19, 2008. According to the California Service Center (CSC), as of November 19, 2008, there were 10 premium processing and 151 non-premium processing cases [...]
We have received a number of inquiries about H-1B applications which are still pending. For those with such pending applications at the Vermont Service Center, our information, which is as of October 20th, is that there were 4,345 petitions that were part of this fiscal year’s cap and which were not completely adjudicated. Of these, [...]
The USCIS has produced a fraud audit and compliance assessment report which aims to analyze the level of potential fraud, misrepresentation or lack of compliance in H-1B visa filings. The Sample To conduct the analysis, USCIS took a random sample of 246 H-1B petitions (out of a total of 96,827) which were filed, approved, or pending between [...]
October 1 is exactly one week away, and there are many H-1B applicants who have already had their petitions approved and are waiting eagerly the start of their H-1B period. However, there are a number of applicants who have been picked in the lottery but have not yet received anything from USCIS regarding their H-1B [...]