A New And Scary H-1B World

As a result of increased site visits and a general inclination to decrease the number of H-1B's approved, The US Citizenship and Immigration Services (USCIS) has published a watershed memo on January 8th, 2010 (hereinafter “the Neufeld Memo”). This memo will radically change the way many H-1B's are adjudicated as well...

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Investigations of H-1B Holders in Newark

The AILA U.S. Customs and Border Protection (“CBP”) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors’ questi...

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H-1B Site Visit Update

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud report...

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USCIS Reaches FY 2011 H-1B Cap

USCIS announced on January 27, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that january 26, 2011 is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011. The final recei...

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H-1B Usage

The story continues. Last year, 13,500 regular H-1B applications were counted in the first week and 5,600 advanced degree applications. This year 5,900 regular applications were received in the first week and 4,500 advanced degree petitions. USCIS reported that in the second week of counting, 7,100 regular cases were receipted and ...

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Update On H-1B Audits

In order to reduce and discourage visa fraud and unlawful employment, U.S. Citizenship and Immigration Services (USCIS) has begun a two-prong enforcement campaign aimed at employers by heavily utilizing H-1B site visits and Form I-9 audits. As a result, as many people know, USCIS has deployed inspectors to perform thousands of on-sit...

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H-1B Entrepreneurs

Historically, foreigners have been instrumental in the creation of many successful companies in the US. However, the US immigration laws have become less and less welcoming to foreigners who wish to create their own companies. In 2010, a memo was promulgated that made things much more difficult for entrepreneurial petitions. Someti...

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Characteristics of H-1B Specialty Occupation Workers for FY 2012 – Where Do We Go From Here?

In a month or two, new freshman class of international students will be swarming all the college campuses excited about their future.  Sophomores will be deciding their majors, most hoping to follow their passions.  Some juniors may have a change of heart and look to switch majors as they face practical realities.  The entering...

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LCAs for the H-1B CAP FY 2015

With this year’s season fast approaching following last year’s CAP that was reached within five days of April 1st, it is understandable that there are many questions being passed around regarding this year’s CAP season. How can I make sure that my H-1B CAP petition is filed as soon as the CAP opens? What steps sho...

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2015年度新規H-1B申請に向けての注意点

皆さんの多くがご存知でしょうが、2014年度(2013年10月1日~2014年9月30日)の新規H-1Bビザ申請は受付開始日の2013年4月1日から5日間で申請数が新規H-1B年間発給上限数に到達したことから正式に申請書類を受け付けるランダム抽選が実施されました(実...

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