Finally, both DOL and USCIS are showing a willingness to relax their requirements in an effort to help Employers timely respond to requests for information during the COVID-19 pandemic. DOL The DOL has announced the following temporary measures to allow Employers to continue to comply with its regulations: Extension for deadlines: DOL has extended the…
Category Archives: Blogs
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Staying H-1B compliant during the COVID-19 Outbreak
We are living in very uncertain times. As a result of the COVID-19 outbreak, many employees are being asked to work remotely in order to slow the spread of the virus. Due to the number of office closures Employers need to take a closer look at the Department of Labor (DOL) regulations to ensure that…
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Federal Judge rules that USCIS can no longer use its policy memos to justify denying H-1B petitions.
In a huge win for IT Consulting companies, a Federal Judge has now ruled that USCIS can no longer use its policy memos to continue denying H-1B petitions. In the last few years, the number of RFEs and denials have skyrocketed, largely due to additional requirements placed on H-1B Employers when filing petitions. Although there…
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USCIS Requests for Further Evidence General Information
Requests for Further Evidence commonly referred to as RFEs have become commonplace in the Immigration world, particularly for employment-based petitions such as H-1Bs and L-1s. In FY 2018 the number of RFEs skyrocketed and this trend continued into FY 2019. This increase in challenges from USCIS is largely due to various policy issues by USCIS…
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When Is An H-1B Amendment Required?
An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified…
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The Dawn Of A New Era: Becoming Familiar With The New Public Charge Rule
It feels like we are writing a new blog almost every week. Under the Trump administration, we have seen several new policies, and this one is no different. The new public charge rule seeks to once again limit legal immigration by targeting low- income, low- skilled poorly- educated, elderly or disabled individuals and making it…
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E-2 Treaty Investors General Information
The E-2 classification is a type of investor visa which allows an individual and his/her family to come to the United States on a temporary basis to run a business. E-2 classification is not open to everyone. For, example citizens of India do not qualify for E-2 status. Therefore, if you are a citizen of…
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TN NAFTA Professionals General Information
As a result of The North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens have the benefit of applying for classification as a TN NAFTA Professional. In order to apply for a TN visa, your position must be listed on the NAFTA list. The list includes Accountants, Engineers, Lawyers, Pharmacists, Scientists and Teachers. For…
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Important updates on H-1B Electronic registration for FY 2021
USCIS held a webinar on 02/06/20 for Employers wishing to file online registrations directly. Today USCIS held a further webinar, specifically for Attorneys. Below were the main points that were discussed in both webinars: Filing a registration: If an employer intends to use an Attorney to submit the Electronic registrations, both the Attorney and the…
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E-3 Specialty Occupation Visa For Australian Nationals
What is an E-3 Visa? The E-3 visa is very similar to the H-1B visa in the sense that it is reserved for individuals working in a specialty occupation. However, the E-3 visa is specifically for Australian nationals, their spouses and children under the age of 21. What is specialty occupation? The definition of “specialty…