H-1B

OMG! The USCIS Just Suspended H-1B Premium Processing. What Will Happen to My Application and When Can I Work?

The US Citizenship and Immigration Service (USCIS) will suspend the H-1B premium processing program starting April 3, 2017. The suspension currently applies to all H-1B petitions and could last for six months.  Premium processing is simply expedited service for a premium of $1225. It means the government guarantees action on the H-1B petition within 15 days of payment of the fee. According to ...
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Top 10 Pointers on What to Expect and Do When the Government Shows Up at Your Workplace for an H-1B Site Visit

Top 10 Pointers on What to Expect and Do When the Government Shows Up at  Your Workplace for an H-1B Site Visit You hold an H-1B visa and are going about your usual duties at work when you get a call that a government agent wants to speak with you.  As you descend the elevator to the lobby, your imagination goes wild.  As you meet the agent, he identifies himself as an FDNS inspector and wants to...
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IMG Physicians: Negotiating your work visa sponsorship

 If you’re an IMG physician, you have an extra job-search consideration—you seek not only employment but also an employer who will sponsor your visa. Here’s what you need to know about finding a willing sponsor. When searching for job opportunities, physicians have tons of considerations—location, compensation, paid time off, work schedule, quality of life and more. But most IMG physicians have a...
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H-1B Lottery

USCIS confirmed to AILA that standard procedures will apply for the FY2017 lottery: If more than enough H-1Bs are received during the first 5 business days in April, a random lottery will be conducted for petitions received during that time period for first the master’s and then the regular cap. As it does each year, on March 16, 2016, USCIS announced that it would begin accepting H-1B cap-subj...
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H-1B vs. EAD/AP – Physician Choice?

We are frequently asked: “if it is okay to use the EAD to moonlight or return to the United States (after traveling abroad) using the AP in lieu of applying for an H-1B visa?” An Employment Authorization Document (EAD) allows an individual to work with any organization without restrictions. An Advance Parole (AP) allows an individual to return to the United States after traveling abroad with...
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H-1B Employers Beware!

USCIS, January 13, 2016.   The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. The additional fees ap...
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Practice Alert: L-1 and H-1B Supplemental Fee Increases

As a result of the FY2016 omnibus appropriations bill passed on December 18, 2015, the supplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously expired fees for L-1 petitions will increase from $2,250 t...
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Tips for Renewing your Driver’s License While Waiting for Your H-1B Extension Approval

Under current immigration law,  an H-1B visa worker whose visa renewal or extension application is filed before his current H-1B visa expires,  may continue to work for the same employer for a maximum of 240 days prior to the approval of the extension. However, many extension applicants have driver’s licenses that expire on the same day as their current H-1B status. Problem:  Even though they m...
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New Worksite for H-1B Employees

The USCIS Administrative Appeals Office (AAO) issued a decision regarding H-1B visas that affects employees' status and ability to work. According to the AAO, employers are required to file an H-1B amended petition before placing an H-1B employee at a new worksite. In compliance with the AAO decision, the USCIS released a guidance stating that “if you do not file an amended petition for these e...
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USCIS Alert: Premium Processing Temporarily Suspending for H-1B Extensions

Premium Processing service provides expedited processing for certain employment-based petitions and applications.  Specifically, U.S. Citizenship and Immigration Services (USCIS) guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee.  If the fee is refunded, the  case will continue to receive ...
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