Immigration Blog

Forbes: Frightening Data on H-1B Crackdown

Forbes recently highlighted alarming data on how the H-1B adjudicatory process is affecting U.S. businesses and in particular the IT services sector. If you’re a frequent reader of my newsletter, you know about the unprecedented number of Requests for Further Evidence (RFEs) and outright denials. This article objectively shows the numbers: If you’re a frequent reader of my newsletter, you know about the unprecedented number of Requests for Further Evidence (RFEs) and outright denials. This […]

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What Are the Options Beyond the H-1B?

Unfortunately, some new H-1B petitions will not be accepted this year or might not get approved. I explore the options beyond the H-1B with my clients. But I’m so passionate about helping our clients achieve their immigration goals that I took the time to write a book about it. My book, Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, is designed to help readers understand the most […]

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USCIS Resumes Premium Processing for H-1B Cap Petitions

On January 28, USCIS resumed premium processing for FY 2019 H-1B cap petitions only! This is because USCIS still has FY 2019 unadjudicated petitions as a result of the ongoing system inefficiencies and unjustified requests for evidence, which are creating huge delays and backlogs in the system. If you have received a request for evidence (RFE) and choose to pay for premium processing, you should include your RFE response with the request for premium processing. […]

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How Can I Recapture Time Abroad to Extend My H-1B Status?

Time spent outside the United States exceeding 24 hours or more does not count toward H-1B (or L) time of admission. This time may be recaptured for subsequent H-1B (or L) status. In most situations, the recapture time is requested at the end of the allowable H-1B (or L) stay. The burden is on the petitioning employer and foreign national to present evidence of time outside of the United States. Based on the evidence provided, […]

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FY2019 H-1B Cap-Subject Petitions Still Untouched Pending Adjudication

It’s hard to believe, but as we start to prepare for another H-1B season, a number of fiscal year 2019 H-1B cap-subject petitions are still pending with the California Service Center. Many of these petitions have yet to receive their initial review. Essentially, they haven’t even been touched since they were filed and accepted for processing! What’s worse: USCIS has thus far provided no timeframe for when these cases might undergo initial review. They’re just […]

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Want to Know What to Expect for Your H-1Bs in 2019?

A reversed lottery. Massive registration pre-filing. Visas for the highest paid. Be aware! The Department of Homeland Security’s latest regulatory agenda includes some big potential changes for H-1B visas. And they didn’t stop with those mentioned above. There may be changes to work authorization for certain spouses. New definitions for “specialty occupation” and other key terms. Restricted access to court. And more! The lottery may no longer be random. And we don’t know what it […]

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