New challenges with Hiring Foreign Workers in the U.S.
The current U.S. immigration landscape focuses on enforcement as opposed to process. This shift started happening in January 2017 after the inauguration of President Trump, and the beginning of new policies of protectionism and national security. The restrictive tendencies have also impacted business immigration matters, which te...
New Regulations May Affect FY 2019 H-1B CAP
The Department of Homeland Security (DHS) plans to propose new regulations that, if passed in final form, would significantly change the H-1B program. The F-1 practical training and H-4 employment authorization rules would also potentially change.
The main changes include the following.
Termination of the H-4 employme...
The H-1b Visa Under Attack by the Trump Administration
The following is based on an article in the San Francisco Chronicle
Foreign Nationals who were once considered solid candidates for an H-1B visa — those with multiple degrees, high salaries offered by major tech companies – are receiving extra scrutiny and delays on their applications.
Thousands are also getting denied, pro...
New Policy on H-1B Third Party Placement
On February 22nd, the USCIS issued a new policy memo on 3rd party placement. The new guidelines have immediate effect and will apply to this year’s H-1B cap petitions as well as H-1B extension requests. Generally speaking, petitioners planning third-party placements of H-1B empl...
Likelihood of FY2019 Lottery Selection
USCIS has reached the H-1B Cap for the Fiscal Year of 2019. This year, 190,098 H-1B petitions were filed – an approximate 4.5% decrease from last year’s 199,000 filings and still significantly fewer than the record 236,000 H-1B petitions that were filed in 2016. In other words, the number of H-1B filed for the last three (3) ...
H-1B Specialty Occupation Trend for FY 2019 and Suggestions for Employees and Recent Graduates
Ever since the new administration came to office, a higher level of scrutiny has been applied to H-1B visas by USCIS through increasingly frequent Request For Evidence (RFE) and close scrutiny over wage level 1 positions.
On April 11, USCIS conducted two lotteries for H-1B cap cases filed for FY 2019, and has begun to send out rec...