HOT TOPIC: L-1B Denial Rates Increase

Today, our office received information from the American Immigration Lawyers Association (AILA) which reported that (pursuant to a Freedom of Information Request) on February 26, 2014, the USCIS released statistics regarding the number of L-1B nonimmigrant petitions received, approved, and denied, as well the number of L-1B petitions...

Read More

Travel Restrictions for H-1B Applicants

Please be advised that there are travel restrictions while your H-1B petition is pending (and until approval period start date of Oct. 1, 2014).  This is because immigration law is overseen by multiple government agencies with overlapping jurisdictions.  Therefore, whether you are physically in the U.S. or outside the U.S. during t...

Read More

H-1B Cap Reached for FY 2015 – Need for a Plan B

As predicted, more than half of the H-1B petitions filed during the first week of April 2014 will be returned without ever being reviewed by U.S. Citizenship and Immigration Services (USCIS).  On April 7, 2014, USCIS announced that the fiscal year (FY) 2015 H-1B cap was reached. USCIS received about 1...

Read More

Quick Update: Revalidation of L-1 Blanket Visa Stamps

Currently, when an is approved by the U.S. Consulate, a five (5) year visa stamp is issued.  However, while the visa stamp (in the passport) is valid for a five-year period, the visa petition (I-129S) must be revalidated after three (3) years in order for the beneficiary and family to continue to use the visa and lawfully stay in t...

Read More

Potential changes in definition of specialized knowledge in the L-1b category

An visa (a type of nonimmigrant visa) may be issued to an alien employee of a multinational company, to allow the employee to transfer from the company abroad to an affiliate company in the United States, if the employee works "in a capacity that . . . involves specialized knowledge."  The relevant regulation defines "specialized k...

Read More

Latest Information Regarding Work Authorization for H-4 Visa Holders

Dependents of H-1B visa holders (individuals working in a specialty occupation) are currently eligible for H-4 status, but unable to obtain work authorization from USCIS. However, USCIS is currently completing work to finalize a new regulation that would allow H-4 visa holders to apply for an Employment Authorization Document (EAD), ...

Read More

H-1B Cap Reminder

There are only eight (8) weeks before the start of the FY 2016 H-1B Cap filing season and to ensure timely filing, it is recommended that employers start submitting LCAs and gathering the necessary documents. Last year, the United States Citizen and Immigration Services received a record number of 172,500 cap petitions and it is like...

Read More

H-4 Employment Authorization extended.

 The following is a summary of a notice diffused by the US Citizenship and Immigration Services on February 24, 2015.  Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 depend...

Read More

L-1 Blanket Petitions at foreign U.S. embassies

For L-1 blanket petitions at a foreign U.S. embassy, a visa stamp and I-129S (with Petition Expiry Date endorsed) will be issued to the applicant.  The duration of the visa stamp's validity will depend on the nationality of the applicant and can vary anywhere from 3 months to 5 years, but the common expiration period for I-129S i...

Read More

What About H-1b visas for Nurses?

On February 18th, the USCIS issued a memo with further guidance as to if nursing positions would qualify as a specialty occupation and thus qualify for an H-1b visa. The following is a summary of that memo. One of the main requirements for a position to be eligible for H1B classification is that it can only be filled by s...

Read More
Scroll Up