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2 May 2017

Trump Administration’s Spotlight on H-1Bs

On April 18, 2017, President Donald Trump signed an executive order (EO) entitled “Buy American and Hire American.”  The EO calls for the rigorous enforcement and administration of laws governing the entry of foreign workers to the U.S., as well as for the issuance of new guidance and the revision ... Read More

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24 March 2017

Expect Delays in Processing of H-4 & H-4 EAD Applications Filed with Premium Processed H-1B Petitions

Kathleen Grzegorek

On March 3, 2017, USCIS announced the suspension of 15 day premium processing for all H-1B petitions effective April 3. This temporary suspension may last up to 6 months.  Yesterday, stakeholders were further informed by the Nebraska Service Center (“NSC”) that H-4 applications and H-4 EAD applications filed with premium ... Read More

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6 March 2017

Temporary Suspension of Premium Processing for all H-1B Petitions

On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for all H-1B petitions filed on or after April 3, 2017.  USCIS estimates this suspension may last up to six months. This temporary suspension only applies to H-1B petitions including ... Read More

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11 January 2017

H-1B Cap Season Underway

Kathleen Grzegorek

The H-1B filing window for fiscal year 2018 is set to open on April 3, 2017, much to the delight of many would-be H-1B workers with offers of employment in the United States.  A total of 85,000 H-1B visas are available under the statutory cap; 20,000 of which are set ... Read More

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23 November 2016

DHS Final Rule on Retention of Immigrant Workers and Improvements Affecting High-Skilled Nonimmigrant Workers

Kathleen Grzegorek

DHS Final Rule on Retention of Immigrant Workers and Improvements Affecting High-Skilled Nonimmigrant Workers After 16 years of waiting, the U.S. Department of Homeland Security (DHS) has issued final rules that will have a significant impact on foreign nationals in employment-based nonimmigrant status, as well as in the long queues ... Read More

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24 August 2016

Severe Backlogs in Adjudication of H-1B Extensions

Kathleen Grzegorek

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 ... Read More

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12 August 2016

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 ... Read More

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13 June 2016

USCIS Publishes Proposed Rule Affecting High-Skilled Nonimmigrant Workers

Kathleen Grzegorek

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 ... Read More

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1 June 2016

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 ... Read More

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1 June 2016

Part I: Journey from Home Country to H-1 B Work Visa

Who is an International Medical Graduate? An International Medical Graduates (IMG) or a foreign physician is a physician who received his/her medical degree outside the U.S. or Canada. What are the initial steps to be undertaken to practice medicine in the USA? An (IMG) begins the journey of immigrating to ... Read More

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