Alert about Employees in F-1 Status Changing to H-1B
Giselle Carson Aug 31, 2017 in H-1B/H-4
Most students in F-1 or J-1 status are exempt from FICA (Medicare and Social Security) taxes, but once an employee’s status changes to H-1B, that exemption ends. They will become subject to FICA taxes. As the employer, you must begin withholding FICA taxes upon the effective date of the change.
Continue ReadingOptions Beyond the H-1B: Consider the NIW and Its New Adjudicatory Standard
Giselle Carson Jul 13, 2017 in H-1B/H-4
On December 27, 2016, the Administrative Appeals Office (AAO) issued a landmark decision for EB-2 National Interest Waiver (NIW) green card cases, which may make it easier for some to pursue this option. The AAO decision eliminated the existing NYSDOT standards and replaced them with more realistic standards. USCIS may now grant an NIW if the petitioner demonstrates: that the foreign national’s proposed endeavor has both substantial merit and national importance; that he or […]
Continue ReadingThe H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April. One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be considered a cap-exempt organization or whether a foreign national could qualify to work concurrently for both cap-subject and cap-exempt organizations. The new High-Skilled Workers rule […]
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Premium Processing Suspended Temporarily
Giselle Carson Mar 6, 2017 in Agencies (CBP, DHS, DOL, DOS, USCIS, ICE)
The USCIS announced that it is temporarily suspending premium processing of all I-129 H-1B petitions. The suspension will begin on April 3, 2017, the first business day for filing H-1B cap petitions. USCIS has indicated the suspension may last up to six months.
Continue ReadingHere are our top five tips for H-1B filing: Your H-1B petition must be ready to be filed by April 3rd, 2017. It’s crucial to start preparing now. Don’t delay! Your position must relate to your educational credentials. The H-1B requires at least a bachelor’s degree or its equivalent. That education must be related to the job you will perform in the United States.
Continue ReadingThe 2017 H-1B petition filing season is here! To maximize your chance of success, you need to prepare now. Starting April 3, USCIS will accept H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2017. To maximize the chance that your petition will be accepted in this year’s anticipated lottery, we strongly recommend that H-1B visa petitions subject to the cap be ready to be […]
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