Entrepreneurs As Government Employees?

A few months ago the USCIS announced that it would launch a new initiative to have “Entrepreneurs in Residence” at the immigration agency.  The initiative was meant to help clarify and streamline paths within current immigration law that would enable foreign national entrepreneurs to come to the United States and help the nation’s economy grow.

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H-1B Cap Reached Two Months into Fiscal Year

Despite the nation’s continued economic doldrums, the H-1B cap for the fiscal year has already been met – just two months into the new fiscal year.  The H-1B visa has a set annual cap of 65,000 visas that are available each year (disregarding a few, limited exceptions).  This cap, which was arbitrarily set by the [...]

SSA Report: 18% of H-1B Visa Holders Are Frauds – Or Just Doing Legitimate Activities the SSA Didn’t Bother To Look Into

A recent Social Security Administration (SSA) report makes alchemists’ handbooks look scientifically reliable.  The SSA report examined 200 H-1B visa holders to determine if the holders’ social security numbers were used in ways not connected with the petitioning company.  The report  suggests that 18% of H-1B Visa Holders have violated their H-1B status by using [...]

H-1B and L-1 Visa Interviews Resume at Mumbai Consulate

The Department of State has announced that it has resumed processing of H-1B and L-1 Visa Interviews at the Mumbai Consulate.  If you have any questions, please contact the immigration firm for more information.

H-1B Visa Quota Update: Slow and Steady…

…shows a struggling economy?

Each week the USCIS updates its statistics on how many H-1B visa applications have been received towards the annual H-1B visa cap.  Last week’s update showed that 29,000 applications have been received towards the normal H-1B visa cap of 65,000, and 15,800 applications have been received towards the master’s degree cap [...]

H-1B Visa Update: H-1Bs Still Available

Each year, the H-1B visa has a quota of 65,000.  Because of the limited number available, the USCIS does not begin accepting applications for the visa until April 1st of each year.  Currently, the USCIS has received only 20,500 applications towards the allowed 65,000.  Additionally, the USCIS has received only 12,800 applications towards the 20,000 [...]

Immigration Myth: H-1B Visas Grant Permanent Residency In the United States

While listening to the general debate that is being had throughout the United States, it is surprising to hear so many correspondences and interlocutors imply that the H-1B visa gives a foreign national permanent residency in the United States.  If you asked a normal American whether the H-1B visa granted permanent residency in the United [...]

DOL Updates Foreign Labor Certification’s Online Wage Library

The Department of Labor (DOL) has updated it’s Foreign Labor Certification Data Center’s Online Wage Library.  The Online Wage Library is used in many employment-based immigration cases, including the H-1b visa.  The wage library provides average salaries for workers throughout the country, and is broken down by metropolitan area, employment position, and experience . If [...]

Premium Processing in Immigration

 

The speed of the business world and the speed of the immigration system are rarely the same.  In the high-paced business world it is difficult to wait weeks or even months to receive immigration approval from the USCIS.

Acknowledging its slowness, the USCIS provides certain employment-based immigration petitioners to receive a response within 15 [...]

H-1b Immigration Testimony Before House Subcommittee

On March 31, the House Subcommittee on Immigration Policy and Enforcement held hearings concerning the H-1B visa. The hearing was entitled

“H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers,” and can be viewed on the House’s website.

Speakers at the hearing included:

 

Bo Cooper

Former INS [...]

H-1B Season off to a Slow Start

On April 1st, the USCIS began accepting H-1B petitions for the 2012 fiscal year.  In past years, the USCIS received more applications in the first few days of April than it had visas available for the entire year.  However, this year, the USCIS has reported that it has only received 5,900 applications towards the 65,000 [...]

H-1B Visa Application Season Begins April 1st

Although it hasn’t had the same meaning during the last few years, the H-1B Visa application season begins April 1st. That date marks the first date on which employers can petition for workers to begin working during fiscal year 2012.  Thus, those that apply on April 1st can begin working on October 1, 2011 – [...]

USCIS Changes H-1B Cap Exemptions Policy Based On Relations and Affiliations

The H-1B visa cap has been reached for the current year.  However, the cap does not apply to certain groups of H-1B visa applicants.  One such cap exempt group is potential workers at institutions of higher education.

Further, after prodding from businesses and other shareholders, the USCIS has begun to review its policy on whether [...]

USCIS Proposes H-1B Visa Lottery

The USCIS has announced that it plans to implement a system that would allow for H-1B visa seeking companies to “pre-register” for an H-1B before beginning the process of completing an H-1B visa application.  The change is a significant step forward as the change is expected to save U.S. companies $23 million in the next [...]

Alternatives To H-1B Visa

Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization.  The following is a list of potential options, however it is not exhaustive.  If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option [...]