Blogs

For the H-1B CAP for FY 2020, over 50% of the petitions we filed on behalf of our clients were selected in the lottery. We look forward to preparing our clients for the new registration process to be instituted for the FY 2021 H-1B Cap. USCIS has not yet informed of the timelines for this new process. As such we…Read More

On June 10, we will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, petitioners may file Form I-907, Request for Premium Processing Service, with the USCIS service center that is processing their petition. On March 19, we announced that we would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage…Read More

Depending on the technology that will be released to the foreign national worker in the course of employment, the employer may be required to obtain an export license from the Commerce Department’s Bureau of Industry and Security (BIS) or the State Department’s Directorate of Defense Trade Controls. The EAR and ITAR prohibit the release or “export” of controlled technology and…Read More

§ 655.734 What Is The Fourth LCA Requirement, Regarding Notice? An employer seeking to employ H-1B nonimmigrants shall state on Form ETA 9035 or 9035E that the employer has provided notice of the filing of the labor condition application to the bargaining representative of the employer‘s employees in the occupational classification in which the H-1B nonimmigrants will be employed or are intended to be employed in the area of intended employment, or, if there…Read More

I Am In H-1B Status And I Was Laid Off/terminated/reduced Hours – Am I Eligible For Unemployment Insurance? It depends, as unemployment insurance is a joint state-federal program administered by each state through its own eligibility criteria and benefit amounts, but the state must follow federal guidelines. As such, there is not one answer to that question. Some states, such…Read More

Driver’s license issuance/renewal is exclusively reserved for individual states to determine their standards. You should first look at your state’s driver’s licensing agency website for their requirements. Most states’ website provides detailed information regarding how to acquire/renew your driver’s license. If the website is not clear as to what documents are required for non-immigrant residents, call the state agency and…Read More

Begins? – March 1, 2020 Ends? – March 20, 2020 (may be extended) Fee? – $10 What are the important time lines? – see heading “H-1B Registration Process Timeline” at https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process. If selected in the lottery then what? – USCIS will allow for a 90-day window beginning April 1, to file the CAP-subject petition (https://www.federalregister.gov/d/2019-00302/p-256). Foreign National Qualification for position?…Read More

This is a step by step instructional video on how U.S. employers can sign up for a my.uscis.gov account and review the G-28 and H-1B registration prepared by their attorney. Please go to https://youtu.be/inqbAbsGm9URead More

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the…Read More

The published Executive Order dated April 22, 2020, becomes effective at 11:59 P.M. EDT April 23, 2020. It is limited in scope as follows: (a)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who: (i)    are outside the United States on the effective date of this proclamation; (ii)   do not have…Read More