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On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. Continue reading “Alert: Premium Processing for FY 2017 H-1B Cap Petitions to Begin May 12”
On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from February 12, 2016 to May 10, 2016. This decision is zealously being opposed by the Washington Alliance of Technology Workers. Continue reading “Decision on STEM OPT Program is Delayed Until May 10, 2016”
As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected individuals. Continue reading “USCIS Processing Delays for H-1B Extensions Continue”
Traditionally, the Department of Labor (“DOL”) has used the complaint of a single H-1B employee to investigate a company’s entire H-1B program. Following the latest decision from the 8th Circuit, this approach is likely to cease. Continue reading “8TH CIRCUIT DENIES DEPARTMENT OF LABOR”
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. Continue reading “Planning Ahead: H-1Bs for FY2017”
The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. Continue reading “Proposed New Rule May Save the STEM OPT Program”
Since 2010, dependent employers have been required to pay an additional filing fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions. Continue reading “Filing Fees Lowered for H-1B and L-1 Dependent Employers”
On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the optional practical training (OPT) program for science, technology, engineering, and mathematics (STEM) students in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.D.C. Aug. 12, 2015). Continue reading “Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies”
Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and conditions of employment. But whether a change in the employment location constitutes a material change requiring an amended petition has been a topic of much discussion. Continue reading “Client Alert: Amended Petitions Required When Relocating H-1B Employees”
As of today, U.S. Citizenship & Immigration Services (USCIS) will resume accepting premium processing requests for H-1B extensions. Any premium processing request for H-1B extensions received prior to July 13, 2015 will be rejected. Continue reading “USCIS Resumes Premium Processing Service for H-1B Extensions”