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Articles Posted in H1B Visas

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California District Court Rules that Entry-Level Public Relations Specialist is not a “Specialty Occupation” for H-1B purposes

By Ekaterina Powell, Esq. In the recent case Caremax Inc. v. Holder (N.D. Cal., 2014), the court granted the government’s motion for summary judgment and ruled that Public Relations Specialist offered to the beneficiary is not an H-1B caliber position. The H-1B employer and the employee filed a declaratory relief…

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USCIS To Begin Premium Processing on April 28th

On April 17th, USCIS announced that premium processing for H-1B petitions, subject to the fiscal cap year of 2015, would begin on April 28, including petitions qualifying for the advanced degree exemption. Additionally, USCIS guarantees a processing time of 15 calendar days for such petitions.

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Frequently Asked Questions about EB-5, H-1B Self Employed, and Fiancé Visa Application for Chinese Nationals

By Yingfei Zhou, Esq. Q: How can I apply for EB-5 visa? A: There are two requirements on foreign investors seeking a green card. First, you must invest sufficient funds in an approved project of your choice. Second, ten new full-time jobs must be created as a direct result of…

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USCIS Announces H-1B Cap Reached

On April 07, 2014, in a much awaited public announcement, U.S. Citizenship and Immigration Services announced that it had already reached the statutory cap of H-1B petitions allotted for the 2015 fiscal year. According to the announcement, on the first five days USCIS began to count H-1B petitions, it was…

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What to Expect with H-1B 2015 Season

Now that the H-1B cases have been filed, we are anxiously waiting to get the news from USCIS on the cap count. Last year, USCIS announced on April 5 that it received approximately 124,000 H-1B petitions during the five day filing period, including petitions filed for the advanced degree exemption.…

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H-1B Visa for Start-up Companies

Our office receives many inquiries from start-up companies that want to hire employees under H-1B visa. As the H-1B season has begun, we would like to provide our readers with the updates and important considerations for this category of H-1B visas. The following article was prepared by attorney Ekaterina Powell…

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With H-1B Season Underway, Outdated H-1B Visa Program Is Costing Americans Jobs

It is that time of year where companies and individuals are preparing to send their cases to US Immigration to apply for an H-1B visa. Last year the entire cap was filled in the first week of filing, meaning many people were left out and could not get an H-1b…

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US consulates is reportedly denying H-1B petitions for improper wage level selection

Recently, US Consulates are reportedly increasing their scrutiny of H-1B visa applications with respect to the wage rates paid to H-1B workers. Before a H-1B worker may apply for a H-1B visa, his or her US employer obtain a certified labour condition application (LCA) from the Department of Labor before…

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