By Ekaterina Powell, Esq. For many years, it has been unsettled in the law and practice whether a change in H-1B employee’s job location is considered to be a “material change” in the terms of employment, requiring filing of an H-1B amendment petition. Prior Guidance According to USCIS unofficial guidance…
Articles Posted in H1B Visas
USCIS Announcement: Data Entry Completed for H-1B Cap-Subject Petitions for Fiscal Year 2016
Today, May 4, 2015 USCIS announced that data entry for all H-1B cap-subject petitions has been completed for the 2016 fiscal year. USCIS is scheduled to begin returning all H-1B cap-subject petitions that were not selected in the computer-generated random lottery held early last month. Since USCIS received an unprecedented…
BREAKING NEWS: USCIS Will Begin Premium Processing for FY 2016 H-1B Petitions on April 27, 2015
On April 13, 2015, USCIS has announced that it has reached the H-1B cap for fiscal year (FY) 2016. Nearly 233,000 H-1B petitions were received for this filing period, including petitions filed for the master’s cap, which is about 60,500 more in total than last year. Roughly, this year’s chances…
How the FY2016 H-1B Visa Lottery Works and What Happens Once USCIS Receives Your H-1B Petition
Today, April 7, 2015, USCIS announced that it has reached the H-1B cap for FY2016. Before running the lottery, USCIS will complete initial intake for all filings received during the filing period. Initial intake/review will sort out multiple or duplicate H-1B petitions filed by an employer for one employer. Regulations…
BREAKING NEWS: USCIS Reaches FY 2016 H-1B Cap
Today, U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also known as the lottery, to…
FY16 H-1B Cap Filing Delivery Service Error Guidance
If a petitioner filed an FY16 H-1B cap petition in a timely manner for the fiscal year 2016 and has received notification from the delivery service used suggesting that there may be a delay or damage to the package, the petitioner may file a second H-1B petition. The second H-1B…
H-4 Dependent Spouses to Receive Employment Authorization
Today, on February 24, 2015, USCIS announced that effective May 26, 2015 it will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants to allow them to accept employment in the U.S. Finalizing the H-4 work authorization was an important step toward implementation of the President’s…
H-1B Season 2015 Filing Tips
By Marie Puertollano, Esq. Our firm has started to work on H1B visa applications for our clients. We want to be sure none of our clients miss the April 1st deadline. April 1 is the date when H-1B can be filed at the earliest. Only 65,000 visas are available for…
Immigration Recap: 2014 in Review
President Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014. 2014 was a big year for immigrants for several reasons:…
DHS Memorandum for Entrepreneurs, Innovators, and Researchers
President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been…