Thousands of Employers Prepare to Play the H-1B Visa Lottery

A company does not have to win the lottery for its business to succeed, however, it may need to win the H-1B visa lottery to be able to hire specialized and highly skilled employees.  Employers are willing to play the lottery, which involves considerable time and expense, because there are simply not enough US workers to fill every specialty professional occupation in the U.S.  The highest...
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USCIS Increases H-1/L-1 Filing Fees for Certain Employers

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. The additional fees apply to petitioners who employ...
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USCIS Final Guidance on When to File an Amended H-1B Petition

On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), that addressed when an employer must file an amended H-1B petition.  It held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s...
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USCIS Issues Guidance on When to File an H-1B Amendment

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file an H-1B Amendment when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated: When H-1B employees change their place of...
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USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B...
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USCIS Completes Data Entry for all H-1B Cap Cases

USCIS announced on May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap- subject petitions that were not selected. They will issue an announcement once all the petitions have been returned. From what we’ve seen, USCIS has emailed all premium processing...
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