Business Immigration Articles

Business Immigration Articles

Severe Backlogs in Adjudication of H-1B Extensions 1920 1280 Kathleen Grzegorek
  • Kathleen Grzegorek

Severe Backlogs in Adjudication of H-1B Extensions

Since Matter of Simeio Soutions, LLC, 26 I&N Dec. 542 (AAO 2015), requires employers to file an H-1B amendment in almost every instance of an employee changing job locations, the USCIS has been flooded with H-1B amendments and extensions. In effect, the processing times for all H-1B petitions have been dramatically impacted resulting in much…

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H-1B Short-term Placement 500 386 Andrew Grzegorek

H-1B Short-term Placement

WHEN YOUR H-1B EMPLOYEE CHANGES WORK LOCATION Certain changes in work locations may require filing an H-1B amended petition, OR only posting the LCA notice at new location, OR no action.  See flowchart below. This fact sheet provides general information concerning short-term placement of H-1B workers outside the area of intended employment. An area of intended…

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The End of Internships? 640 426 Andrew Grzegorek

The End of Internships?

Federal and state governments have begun to crackdown on unpaid internships, which they say violate minimum wage laws. The U.S. Labor Department claims to be targeting firms that fail to pay interns properly, and to be increasing efforts to educate firms, colleges and students on compliance with labor laws.  According to a fact sheet released…

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USCIS Publishes Proposed Rule Affecting High-Skilled Nonimmigrant Workers 640 426 Kathleen Grzegorek
  • Kathleen Grzegorek

USCIS Publishes Proposed Rule Affecting High-Skilled Nonimmigrant Workers

Originally published January 4, 2016 On December 31, 2015, the United States Citizenship and Immigration Services (“USCIS”) released a proposed rule that will have a significant impact on foreign nationals in employment-based nonimmigrant status as well as in the long green card queues for immigrant status (“green cards). Note that this is a proposed rule…

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Extended Employment Opportunities for Foreign Students Come at a Price 1280 853 Josie Gonzalez
  • Josie Gonzalez

Extended Employment Opportunities for Foreign Students Come at a Price

Originally published March 18, 2016 On March 11, 2016, the Department of Homeland Security (DHS) published a regulation that extends the period of work authorization from a current 17-month period to 24 months for foreign students who will be employed in STEM (science, technology, engineering and math) occupations by U.S. companies who participate in E-Verify.…

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Increased Nonimmigrant Visa Appointment Wait Times In India 640 621 Andrew Grzegorek

Increased Nonimmigrant Visa Appointment Wait Times In India

  It has been brought to our attention that the U.S. Embassy and Consulates in India have recently experienced a significant increase in visa appointment and processing wait times to schedule a nonimmigrant visa interview. The earliest appointment for a nonimmigrant visa interview, other than a visitor or student visa, is currently exceeding 75 days in…

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Employer Obligations Related to the H-1B Labor Condition Applications and the H-1B Process 640 426 Andrew Grzegorek

Employer Obligations Related to the H-1B Labor Condition Applications and the H-1B Process

This article covers the basic procedures to obtain H-1B work authorization.  The H-1B petition process requires two basic actions.  First, the employer must apply to the Department of Labor for certification of a Labor Condition Application (LCA).  This is done electronically and generally takes one week.  Second, the petition for H-1B classification is filed with…

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