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The H-1B visa program allows US companies to become employers for foreign employees that are taking on occupations that are specialized. These specialty occupations require the specialized knowledge of the candidate and are seen in positions such as economist, scientist or engineer. There is a very limited number of visas available for new H-1B workers […]
H-1B visas authorize highly educated non-citizen professionals to work for U.S. employers in specialty occupations. Current law limits the number of new H-1B visas issued each fiscal year. The H-1B quota for this fiscal year is 65,000 for those who hold at least a bachelor’s degree or its equivalent. In addition, 20,000 H-1B visas are set […]
USCIS announced on 3/30/2021 that H-1B Initial Electronic Registration Selection Process Completed From the USCIS news release: USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly […]
During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law. The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010 […]
In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules. Many companies filed lawsuits to contest denials based on this policy […]
Badmus & Associates joins with the American Immigration Lawyers Association (AILA) in opposition to the Fairness for High Skilled Immigrants Act of 2020 H.R. 1044, as amended by S. 386. Don’t get us wrong. We absolutely support removing the per-country limitations for employment-based immigrants because individuals should become permanent residents based on the skills they […]
The Department of Labor has recently enacted a new wage rule requiring businesses to pay their employees holding H-1B visas a mandated wage of $208,000 ($100 an hour). According to the DOL website, this mandated wage is set regardless of experience or the position they are applying for. An example of this would be the […]
On June 17, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum adjusting some petition requirements for H-1B nonimmigrants. It was prompted to change some of its requirements for H-1B nonimmigrant petitions after the IT Serve Alliance lawsuit took place. In the new policy memorandum, USCIS rescinds two of its former policy memos […]
From the USCIS: On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of […]
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. These new efforts underscore the agency’s […]
