In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS) issued a new policy on April 27, 2021, effective immediately, directing officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the …
Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process
U.S. Citizenship and Immigration Services (“USCIS”) introduced a new H-1B cap process for fiscal year (FY) 2021. In its webinars conducted on February 23, 2021 and February 24, 2021, USCIS confirmed that the H-1B cap process for FY 2022 will be substantially the same as the process introduced for FY 2021, and provided additional insight …
Continue reading “Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process”
Important Update on Recent DHS and DOL Rule Changes to the H-1B Program
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …
Continue reading “Important Update on Recent DHS and DOL Rule Changes to the H-1B Program”
Corporate Restructuring and its Potential Impact on H-1B Workers
Facing the financial distress caused by the COVID-19 pandemic, many companies may be contemplating corporate restructuring. With all of the considerations surrounding a corporate merger, acquisition, or spin-off, often the last item on an executive’s mind is the impact of corporate restructuring on its foreign national workforce. While business motives may be at the forefront …
Continue reading “Corporate Restructuring and its Potential Impact on H-1B Workers”
“I LOST THE H-1B LOTTERY… NOW WHAT?” FOUR NONIMMIGRANT VISA ALTERNATIVES TO EMPLOY FOR FOREIGN PROFESSIONALS
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process
Kathleen Campbell Walker’s January 21, 2020 article titled, “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration,” introduced employers to the new H-1B cap process for fiscal year 2021. Since then, U.S. Citizenship and Immigration Services (USCIS) conducted several webinars and provided additional insight on the H-1B registration tool and electronic registration process. …
Continue reading “Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process”
Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration
The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings. The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …
Continue reading “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration”
Recent Changes to the H-1B Specialty Worker Program
Labor Condition Applications must be filed under the new DOL’S FLAG System As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was developed to replace the legacy iCert system with the USDOL’s stated goal of improving customer service, and modernizing the administration of foreign labor …
Continue reading “Recent Changes to the H-1B Specialty Worker Program”
USCIS Announces $10 Fee for H-1B Electronic Registration – Does this Apply for FY 2021 (April 2020)?
USCIS is moving forward with a plan to implement a preliminary registration system for cap-subject H-1B petitions that will drastically change the H-1B visa filing process employers have used for years. On September 3, U.S. Citizenship and Immigration Services (USCIS) posted a notice about its proposed rulemaking for its electronic H-1B implementation tool, which would …