Category Archives: H-1B Information

  1. Update On The President’s Recent Proclamation Affecting H-1Bs And Common Questions

    Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation.  My first article focused on the proclamation’s immediate impact on non-immigrant workers.  For details…

  2. Trump’s Attack On H-1Bs Is The Worst Yet

    60 days after suspending the issuance of green cards President Trump has now extended this order to include H-1Bs and a number of other visa categories. While many argue that the revival of the U.S. economy will depend on the help of Immigrants, this is not something which Trump can put into a slogan to…

  3. USCIS Published A New Memo Rescinding Memos That Increased Denials In H-1B Petitions

    By the publication of a new policy memorandum on June 17, 2020 (the “new memo” or the “June 17, 2020 memo”), U.S. Citizenship and Immigration Services (USCIS) has rescinded two policy memos responsible for most of the increase in the denials of H-1B petitions. The June 17, 2020 memo touches different requirements that were previously…

  4. Securing H-1B Approval Beyond the 6-Year Limit

    An individual on H-1B may only be admitted for 6 years. This limit also applies to spouses and children on H-4. Due to the heavy backlog for Green cards for Indian Nationals, most individuals on H-1B find themselves needing to extend their H-1B beyond the 6-year limit. Although a person who leaves the U.S. and…

  5. 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. …

  6. 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?…

  7. 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…

  8. 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…

  9. 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…

  10. 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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