Tag Archives: H-1B

DOL Publishes Guidance On H-1B Requirements

DOL
On March 15, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) for all DOL District Directors providing guidance on how U.S. petitioners of H-1B visas must comply with mandatory posting requirements related to petitioners’ H-1B petitions. See Bulletin here. H-1B employment visa petitions are … Continue reading this entry

DHS Issues Final Rule Changing H-1B Cap Selection Process

DHS
The Department of Homeland Security (DHS) published a new rule on January 31, 2019 that makes significant changes to the way in which DHS will administer the annual H-1B allocation (the H-1B cap). Starting in April 2019, DHS will change the order in which the agency allocates the available slots under the H-1B cap. In … Continue reading this entry

H-1B Sponsors: Prepare for Site Visits and Increased Enforcement

On April 3, 2017, USCIS announced a program to deter and detect H-1B fraud and abuse. In the announcement, USCIS stated that too many American workers are ignored or unfairly disadvantaged as a result of the H 1B visa program. In an effort to combat fraud, USCIS will implement a targeted site visit program with … Continue reading this entry

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 Issues Final Rule Providing Employment Authorization to H-1B Spouses

On February 25, the United States Department of Homeland Security (DHS) issued final regulations making H-4 dependent spouse status holders eligible for an employment authorization document (EAD) under two circumstances: 1) where the H-1B principal is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker or 2) where the H-1B principle has been … Continue reading this entry