The California Service Center (CSC) has issued guidance on what kind of documentation is satisfactory to show that an H-1B beneficiary has completed his or her degree requirements. It is important to note that an H-1B visa application must be filed only after all degree requirements are met, even if the diploma has not been [...]
CNNfn.com has an interesting article on the H-1B visas demand for this April’s H-1B quota. The article cites the weak economy, the H-1B restrictions imposed recently on TARP recipients and the bankruptcy of Satyam Computer Services (which filed ~2,000 H-1Bs in 2008) as one of the reasons that the H-1B demand will be weakest in [...]
The cap-subject H-1B filing deadline of April 1 is approaching quickly. USCIS has advised that similar to last April’s filing window, this year, in the event that there are more H-1B applications than there are available visas (i.e. there will be a lottery), the filing window would be five (5) days, from Tuesday, April 1 [...]
A week after the Stimulus Bill was signed into law and the dust has started to settle, we have compiled a summary of the key points of the Stimulus Bill’s restriction on TARP-recipient companies to issue new H-1B visas. The law became effective upon the stimulus bill’s enactment, February 17, 2009. It is important to [...]
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 [...]