Category: H-1B Visas

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March 29, 2021
Beata Leja

Plan B: What to do if your H-1B was not selected in the lottery?

As of March 27, 2021, the U.S. Citizenship and Immigration Services (USCIS)  has announced which individuals were selected towards the Fiscal Year 2022 H-1B lottery. It is unclear whether the selections will continue through March 31, 2021. Immigration law sets...

March 16, 2021
Tahreem Kalam

Working Remote and the Impact on Your H-1B

The H-1B work visa is a location specific non-immigrant visa. In a world that has increasingly necessitated remote work, this has presented many challenges to employers and employees alike. Both the U.S. Citizenship and Immigration Services (USCIS) and the U.S....

February 08, 2021
Chandni Shah

Employers Seeking to Register Employees for the FY 2022 H-1B Cap: Act Now!

With the H-1B Cap Registration Period quickly approaching, employers seeking to sponsor an individual for an H-1B visa for fiscal year 2022, should act now! Since the salary-based preference system for allocating H-1B cap cases has been delayed until Dec....

February 04, 2021
Beata Leja

USCIS Delays Implementation of the Salary-Based Preference System for Allocating H-1B Cap Cases Until Dec. 31, 2021!!

On January 8, 2021, the Trump administration published a rule to replace the current H-1B lottery system, which allocates the 65,000 regular cap and 20,000 U.S. Master’s cap H-1B visas on a first-come basis, with a system that gives preference...

January 08, 2021
Chandni Shah

H-1B Cap Lottery Process Replaced with a Salary-Based Process

Today, the Department of Homeland Security will publish a rule to replace the current H-1B lottery system for disbursing the 65,000 regular cap slots and 20,000 U.S. Master’s degree slots with a system based on wage levels assigned by the...

December 02, 2020
Anna Buskila

Federal Court Blocks Trump’s New Prevailing Wage Rule & H-1B Rule!

On December 1, 2020, the U.S. District Court for the Northern District of California set aside two H-1B rules that would have significantly changed the processing of H-1B applications.  The court has found that the Department of Homeland Security (DHS)...

October 27, 2020
Marjorie M. Filice

Reminder: H-1Bs and PERMS are Location Specific

Employers, please keep in mind that you must notify your attorney if a foreign national employee is scheduled to move worksites, including to a remote home worksite, as some immigration processes are location specific. Foreign nationals holding H-1Bs will need...

October 13, 2020
Anna Buskila

New H-1B Visa and PERM Green Card Rules

On October 8, 2020, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued new rules attacking employment-based non-immigrant cases and the PERM labor certification program. Please note that both rules have bypassed the formal rulemaking...

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