Category Archives: H1-B Information

  1. USCIS must rescind its 2018 Contracts and Itineraries memo (For real this time)

    Over 2 months ago I wrote an article stating that a Federal Judge had ruled that USCIS could no longer rely on its 2018 Contracts and Itineraries memo. Here is the link to the original article: https://www.patellegal.com/federal-judge-rules-that-uscis-can-no-longer-use-its-policy-memos-to-justify-denying-h-1b-petitions/ In this article I explained that despite the decision it didn’t necessarily mean USCIS would abide by it. …

  2. Maintaining an H-1B workforce during the COVID-19 pandemic

    During the current pandemic, many struggling businesses are furloughing or laying off employees at alarming rates.  However, for employers of H-1B workers, different rules apply and for those Employers wanting to maintain their workforce, there are other options to consider first. H-1B lottery winners- should Employers withdraw selected registrations following the loss of a project?…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. CPT and H General Information

    Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution…

  8. H-1B Electronic Registration- Frequently Asked Questions

    Why is USCIS implementing an Electronic Registration process for cap-subject petitions for FY 2021?   The electronic registration is intended to simplify the process of applying for a cap-subject petition by submitting a registration form online.  In previous years USCIS has required Employers to submit an entire petition.  By utilizing an online registration Employers will…

  9. Why Federal Lawsuits work. A Success Story

    For the past 6 months, I have been encouraging clients to file Federal Lawsuits to overcome unreasonable delays in processing petitions and to overcome wrongful denials.  I truly believe this is the only way to hold USCIS and the Department of State accountable. Recently I was contacted by a client who had received a 221g…

  10. General Information About H-1B Visas

    H-1B Specialty Occupation The H-1B visa is one of the most commonly used visas for companies looking to hire foreign talent. The H-1B is a dual- intent, non-immigrant visa, that requires a candidate to be working in a specialized knowledge position, that requires a Bachelor’s degree or equivalent or higher in a specific field. H-1B…

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