Tag Archives: H-1B visa information

  1. Why is my case taking so long? How to get your Immigration petition expedited with USCIS

    Since the pandemic began processing times have gone through the roof and continue to increase across for board for all immigration-related applications. USCIS claims it is understaffed, yet they are funded by fees, the majority of which have seen huge increases in the past few years.  For example, the premium processing fee increased from $1,410…

  2. Terminating an H-1B employee. What Employers need to know

    Employers that hire H-1B employees need to be aware of their responsibilities when terminating an H-1B employee. When an employee comes to the US to work for an employer, they typically receive approval for 3 years.  This means they have an expectation of working for that employer for the full 3 years.  Of course, as…

  3. An Overview of the H-1B Process

    The H-1B visa is one of the most utilized visas by employers to bring foreign talent to the U.S. The H-1B program is intended to allow employers to hire foreign workers temporarily, where such skills cannot be found domestically. The H-1B program is available for specialty occupation workers and fashion models of distinguished merit and…

  4. H-1B Denial Rates Continue to Drop

    Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in…

  5. USCIS Restores Its 2004 Deference Policy

    More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been…

  6. Life after the expiration of Proclamation 10052

    Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has…

  7. Day 1 CPT Revisited

    2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying…

  8. Related Entities Cannot File Multiple H-1B Filings For The Same Beneficiary

    USCIS recently released its updated FAQs on the electronic registration for FY2022.  Those questions can be accessed via the link below: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process One of those questions concerns multiple filings by related entities for the same beneficiary. USCIS reminds applicants that an employer may not file more than one H-1B petition for the same beneficiary in…

  9. Changes To The H-1B Lottery Process For FY2021

    The Trump administration has now issued a third rule, which radically alters the H-1B program. The first rule was a DOL rule, which significantly increased the wage levels.  See our earlier articles which discuss these changes: https://www.patellegal.com/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ https://www.patellegal.com/it-companies-file-suit-against-dol-over-its-new-wage-rule/ The second rule was a DHS rule which changes the definition of H-1B specialty occupation, employer/employee relationship…

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