Posts Categorized: Business Immigration

Moving Work Locations – When Does It Affect An H-1B Petition?

In Matter of Simeio Solutions, LLC, decided April 9, 2015, USCIS’ Administrative Appeals Office held that, in addition to employers certifying a new Labor Condition Application (LCA) when an H-1B worker changes worksite locations, the US employer must now file an amended H-1B petition before placing an H-1B worker in the new worksite location. While… Read more »

What Happens When my H-1B 6-year Period Expires? 

The coveted H-1B visa is actually capped to a total of 6 years. It is issued in a three-year increment so technically you can renew it for another three-year period. This is yet another frustrating problem with the H-1B visa in addition to getting one of the 85,000 visas per year.  Over 175,000 applicants applied… Read more »

US Economy Demands an Expansion of the H-1B Visa

In order to attract and retain the best and the brightest young people from other countries and employ them here in the United States, the US Citizenship and Immigration Services issues the H-1B visa. Those that qualify for this visa must have “specialized knowledge” which usually equates to a baccalaureate degree. The degree must directly… Read more »

U.S. Stands to Gain from Proposed Regulation Change for H-1B Spouses

It has been nearly five months since the Department of Homeland Security (DHS) announced proposed regulations that would allow around 100,000 qualified H-4 spouses of H-1B visa holders to obtain a Social Security number and legally work in the United States. The public comments phase closed on July 11, 2014 and a final rule has… Read more »

High-Skilled Immigration and the U.S. Economy

The story of America, in large part, is a story of immigrant entrepreneurs building communities, businesses and entire new industries here. That story, however, has been twisted in recent years into one of immigrants as “job takers” who wrest opportunities away from native-born workers. A closer look shows that story to be fiction, particularly when… Read more »

Proposed Regulations to Assist High Skilled Workers Moderately Positive

On May 6, 2014, US Department of Homeland Security announced some proposed regulations that would ease some of the pain being experienced by highly educated/skilled foreign nationals in the United States. “The proposed rules announced today provide important support to U.S. businesses while also supporting economic growth here in the U.S.,” said Deputy Secretary Alejandro… Read more »

What is H-1B Cap Gap Coverage and Do I Qualify?

During H-1B cap season, it is important for F-1 students to understand how the “cap” impacts their ability to change status to H-1B in the US, to continue working on Optional Practical Training (OPT), and to stay in the US prior to H-1B status beginning. Fortunately, USCIS has provided a regulation to assist with these… Read more »

Mexican Nationals Applying for TN Have Process Streamlined

A final rule published February 10, 2014 by US Department of State eliminates the need for Mexican national TN applicants to petition for a TN in the United States first. This is a significant benefit because it allows the TN applicant to just apply directly to the Consulate and save time and money by bypassing… Read more »

Update on USCIS Site Visits to H-1B Employers

A Freedom of Information ACT (FOIA) request has resulted in the release of a confidential memo from the U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Directorate (FDNS). FDNS investigates a host of non-immigrant and immigrant visa applications. The memo, dated June 3, 2013, provides some insight as to how FDNS is… Read more »

F-1 OPT Students with STEM Degrees Have Extended OPT Option

Concerned about not obtaining an H-1B this next spring due to the cap? If you are an F-1 student with post-completion OPT (Optional Practical Training), you should be aware of the option to extend your F-1/OPT if necessary. US Citizenship and Immigration Services (USCIS) implemented exciting changes to the OPT program in 2008, to make… Read more »

H-1B Cap Hit – Applications Subject to Lottery

The “H-1B cap” – or limited number of H-1B visas allowed to be issued – was met on April 5, 2013, 4 days after the earliest filing date became available on April 1, 2013. A lottery will be held for those applications received from April 1 through 5, 2013. Those cases filed after April 5th… Read more »

New I-9 For US Employers

USCIS has finally issued the new I-9 Form, required for US employers to verify whether an employee is authorized to work in the US. The form’s “Revision Date” is “3/8/2013.” All employers must be using this version by May 7, 2013. If US employers are reverifying existing workers or rehiring prior workers they must use… Read more »

Do Unemployment Rates Affect H-1B Visa Applications?

With the recent downturn in the United States unemployment rate, some individuals can take advantage of the H-1B visa, a three-year, non-immigrant visa for professional foreign workers operating in the United States. Do you qualify for this specialized visa? A qualified immigration attorney can let you know for sure. What is the H1B Visa? The… Read more »

I-9 Compliance for Your Colorado Workforce

The federal Immigration Reform and Control Act of 1986 (“IRCA”) states that every employer is required to verify the identity and work authorization status of every employee of the business. This I-9 compliance regulation is critical for all Colorado employers and those across the US. Failure to comply with IRCA’s I-9 rules can result in significant fines, loss of access… Read more »

Visa Options for Investors: EB-5 and E-2 Visas

As the U.S. continues to deal with a struggling economy, entrepreneurs living abroad see opportunity for investment in our country. To enter the US as an entrepreneur, individuals currently have two options:  the EB-5 permanent visa which results in permanent residence or the short-term E-2 visa, which provides legal stay to perform in the business in… Read more »