Employer-Provided Wage Surveys in the H-2B Program

On December 5, 2014, the U.S. Court of Appeals for the Third Circuit issued a decision in Comite de Apoyo a los Trabajadores Agricolas (CATA) v. Perez, which vacated the portion of the Department’s H-2B Wage Rule and 2009 Wage Guidance permitting the use of employer-provided surveys to set the prevailing wage in the H-2B p...

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L-1B Statistics data

The following excerpts are taken from a report by The N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y   The denial rate for L-1B petitions to transfer high-skilled employees into the United States increased to an historic high of 35 percent in Fiscal Year (FY) 2014, according to data obtained from U.S. C...

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Travel Tips for Foreign Students Awaiting a Change of Status to H-1B

There are significant risks to many F-1 students who travel after an H-1B petition has been filed on their behalf. Those who travel internationally should make sure they have all necessary documents and should be prepared for possible reentry delays.   If you are an F-1 student who is (or will soon be) the beneficiary of an H-...

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H-1B Cap Reached for FY2016

United States Citizenship and Immigration Services (USCIS) has just announced that the H-1B Cap for FY2016 has been reached.  USCIS has also reached the additional 20,000 cap for H-1B petitions for U.S. Master's or higher degree holders.   USCIS will now conduct a random-selection lottery.  The lottery syste...

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H-1B COUNT IS IN FOR FY2016

U.S. Citizenship and Immigration Services (USCIS)  that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the masters cap. ...

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Filing an Amended H-1B Petition Due to Worksite Changes

USCIS Administrative Appeals Office’s (AAO) recent ruling in the Matter of Simeio Solutions, LLC has important implications for employers with H-1B status workers. In the past, our firm has recommended filing an amended petition if there are substantive changes in the conditions of employment of an H-1B holder. However, whether a c...

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L-1B Adjudications Policy

The new L-1B Adjudications Policy will take effect August 31, 2015. The policy will provide clarification in how L-1B petitioners can demonstrate that an employee has specialized knowledge as well as provide information regarding compliance with the requirements of an L-1 visa for off-site employment. Currently, the policy on the L-...

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SEVP

Effective May 29, 2015, new Student and Exchange Visitor Program (SEVP) regulations will allow dependents of F-1 or M-1 visa holders on F-2 or M-2 status to enroll in studies at universities or vocational schools. Until now, dependents of F-1 or M-1 visa holders were unable to enroll in studies at such academic institutions unless th...

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FY 2016 Diversity Visa Lottery Winners Have Been Selected

The U.S. Department of State has chosen the winners of the Fiscal Year 2016 Diversity Visa (DV) Lottery and notified winners of their selection. Foreign nationals who entered the lottery can also check whether they were selected by visiting the Entrant Status Check website: If your lottery entry was chosen, the Entrant Status Check...

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Employment Period and Visa Stamp Expiration Date for L-1 Visas.

Many Japanese employees stationed to work in the U.S. acquire L-1 visas. We have been receiving many inquiries lately, where people have been confusing the visa stamp expiration date with the actual employment period. The visa stamp expiration date is separate from the approved employment period. For example, let’s assume that you...

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