Stricter Rules for H-1B Visas

Trump Administration Imposes Stricter Rules for H-1B Visas

U.S. Citizenship and Immigration Services is imposing stricter rules for H-1B visa applications submitted by outsourcing companies for highly-skilled foreign workers. According to a policy memo issued last month, “USCIS recognizes that significant employer violations—such as paying less than the required wage, benching employees (not paying workers the required wage while they wait for projects or work)…

All H-1B premium processing to resume

All H-1B Premium Processing Resumes

U.S. Citizenship and Immigration Services resumed premium processing for all H-1B visa petitions on Sept. 18, less than six months after it was suspended. This includes premium processing for H-1B petitions filed by U.S. companies seeking to transfer or extend an existing employee’s status. The highly coveted H-1B visa allows U.S. companies to employ highly…

Decision in H-1B appeal clarifies H-1B Master's degree requirement, lottery

Decision in H-1B Appeal Clarifies Master’s Degree Requirement and Lottery Eligibility

Timing is everything. That’s the upshot of a recent decision from the Administrative Appeals Office of the U.S. Citizenship and Immigration Services (USCIS) to an H-1B appeal. The decision, which denied the appeal, provides guidance to USCIS employees when evaluating H-1B petitions and to companies sponsoring H-1B candidates.   The H-1B Process The H-1B visa…

H-1Bs Still Available Despite Trump’s “Hire American” Order Seeking Reform

H-1Bs Still Available Despite Trump’s “Hire American” Order Seeking H-1B Reform

We are still helping companies and candidates obtain H-1B visas despite recent presidential administrative actions seeking H-1B reform. President Trump signed an executive order last week calling for H-1B visas to be awarded to “the most-skilled or highest-paid petition beneficiaries.” The “Buy American and Hire American” order directs the agencies involved with the H-1B visa…

USCIS Deems Computer Programming Not H-1B Specialty Occupation

Computer Programming Not an H-1B Specialty Occupation

U.S. Citizenship and Immigration Services (USCIS) issued a policy memo stating that computer programming is not considered an H-1B “specialty occupation.” The H-1B visa allows U.S employers to temporarily employ foreign workers in specialty occupations. A “specialty occupation” requires “theoretical and practical application of a body of highly specialized knowledge.” A specialty occupation also requires “a bachelor’s or…

USCIS Crackdown on H-1B Violations

USCIS to Crackdown on H-1B Violations

U.S. Citizenship and Immigration Services (USCIS) announced last week new efforts to crackdown on H-1B violations and abuse. The H-1B visa program allows U.S. employers to recruit highly-skilled foreign nationals when faced with a shortage of qualified workers in the U.S. In recent years, the H-1B visa program has come under fire for reducing wages…