Thousands of Employers Prepare to Play the H-1B Visa Lottery

A company does not have to win the lotteryDiversityA category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely “affected” by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000...
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USCIS Increases H-1/L-1 Filing Fees for Certain Employers

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. The additional fees apply to petitioners who employ...
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USCIS Final Guidance on When to File an Amended H-1B Petition

On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), that addressed when an employer must file an amended H-1B petition.  It held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition ApplicationLCALabor Condition Application - A request to the Department of Labor for a...
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USCIS Issues Guidance on When to File an H-1B Amendment

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file an H-1B Amendment when a new Labor Condition ApplicationLCALabor Condition Application - A request to the Department of Labor for a foreign worker to work in the United States. This application is required for H-1(b), specialty...
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USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, 2015, U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame,...
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USCIS Completes Data Entry for all H-1B Cap Cases

USCIS announced on May 4, 2015, that it has completed data entry of all fiscal yearCurrently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year....
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