Immigration Blog

Tag: H-1B

FAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 3

Part 3 of this series answers the final FAQs about RFEs, particularly as they relate to specialty occupations H-1B petitions. Read parts one and two. 5. How do we establish that the position is a specialty occupation? The petition must demonstrate to USCIS’ satisfaction that the position is one that requires not only the understanding and application of a highly specialized body of knowledge but also that the employer and the industry normally require at […]

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FAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 2

Part 2 of this series answers more FAQs about RFEs, particularly as they relate to specialty occupations H-1B petitions. You can read Part 1 here. 3. The initial petition was approved without an RFE or extensive documentation. Why did we receive an RFE? While immigration laws and regulations have not significantly changed over the last few years, USCIS’ adjudicatory policies and procedures have changed significantly. For example, USCIS no longer accepts factual statements made by […]

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FAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 1

We are continuing to see an increase in adjudicatory scrutiny and requests for evidence (RFEs) for many nonimmigrant and immigrant visa petitions. USCIS data shows that during fiscal year 2019, about 60% of all completed H-1B cases received an RFE as a result of the “Buy America, Hire American” Executive Order.  Fortunately, we are also seeing that the majority of our petitions undergoing RFEs are ultimately approved after another very strong and over-documented response.  These […]

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I-9 Example for H-1Bs

Did you have an H-1B employee recently begin work? Here’s an example of how the Form I-9 should be filled out. Download the full I-9 example as a PDF.

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H-1B Cap Selection Is Complete. Now What?

USCIS announced that the cap of 85,000 new H-1B visas for FY2020 was met. They received a total of 201,011 H-1B cap petitions. There was an 11% increase from FY2019 in H-1B advanced degree (master’s and above) petitions selected in the FY2020 lottery; about 63% of those selected were advanced degree petitions. Unfortunately, as it has been for the last two years, being selected is just the first challenge. With the Request for Evidence (RFE) […]

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Changes Announced to the H-1B Cap-Subject Process Days Before Filing Began

On April 1, 2019, USCIS started taking cap-subject H-1B petitions for FY 2020. Just 20 days before that, they released a memo detailing a new filing process. It includes changes to premium processing that have never been tested or used and the announcement of a new H-1B Data Hub online. The changes to premium processing are based on a new two-phase approach. The first phase applies to FY 2020 cap-subject H-1B petitions that request a […]

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