Tag Archives: H-1B Regulations

Hybrid Visa Offers Alternative to Limited H-1B Visa

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative and infrequently utilized hybrid visa, the “B-1 in lieu of H-1B,” to obtain professionals with specialized skills.… Continue reading this entry

Employers Beware: If You Moved an H-1B Worker Without Advising USCIS, You Have Until August 19, 2015 to Make Amends

A recent binding decision issued by the Administrative Appeals Office (AAO) has complicated even further the confusing rules governing employer obligations in the H-1B nonimmigrant visa program. Part of U.S. Citizenship and Immigration Services (USCIS), the AAO conducts administrative review of negative agency decisions on certain types of immigration benefits, including denials and revocations of nonimmigrant … Continue reading this entry

USCIS Acts to Eliminate Employment Disruption for Professional Workers

Authorization
Employers who seek to reduce disincentives that currently encourage H-1B non-immigrant employees to abandon adjustment to lawful permanent residence status will benefit from a new employment authorization rule announced on February 24, 2015, by U.S. Citizenship & Immigration Services (USCIS). The new rule, effective May 26, 2015, will allow the spouses of H-1B employees to … Continue reading this entry

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more difficult and costly to fire those employees unless special procedures are followed. For years the United States Department of … Continue reading this entry

Government Scrutiny of H-1B Employers' Workplace Practices Continues to Increase

As a recent decision by the Department of Labor’s Wage and Hour Division illustrates, employers of H-1B nonimmigrant workers continue to face intense scrutiny from government agencies. Under the H-1B program, employers may temporarily hire foreign workers in professional occupations if certain conditions are met, including paying H-1B workers the same wages as U.S. workers … Continue reading this entry