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Category: H-1B Visas

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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...

Premium Processing Service Soon Available for EADs, H-4 Spouses, Those Seeking to Change to F-1 Student Status, EB-1 Multinational Managers & Executives & More!

On September 30, 2020, the President signed a bill that makes several important changes to premium processing, a service available for only certain immigration benefits applications where USCIS can expedite the processing of the application for an additional fee. Currently,...

May 18, 2020
Beata Leja

Yes, Certain H-1B Workers & Other Nonimmigrants May Receive Stimulus Checks!

Over the last few weeks, thousands of foreign workers, including many living overseas, began receiving stimulus checks from the U.S. Internal Revenue Service (IRS). In some cases, those checks were issued in error. In other cases, the foreign workers, including...

May 13, 2020
Tahreem Kalam

Impact of Remote Work, Furloughs, Pay Cuts & Terminations on H-1B, E-3 and H-1B1 Employment

Employers have had to adjust rapidly to the ongoing COVID-19 outbreak. Some have closed their doors completely, others are asking employees to work from home, and unfortunately many have had to furlough and terminate employees. These changes have a unique...

Effect of Coronavirus (Covid-19) on H-1B Employment

The coronavirus (Covid-19) pandemic has had extensive impact on H-1B employment, and the circumstances and policies continue to change on a daily basis. The following is a summary of the key ways that the pandemic has impacted H-1B employers and...

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