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Tag Archives: nonimmigrant visas

H-1B Visas for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum providing guidance on the adjudication of H-1B petitions for nursing positions. The memo assists USCIS officers in determining whether a nursing position meets the definition of a specialty occupation. The memo states that it supersedes any prior guidance on the subject […]

Approved H-1Bs With October 1st Start Date May Apply for Visas Now

Beneficiaries of approved H-1B petitions with an October 1, 2014 start date may now begin filing their visa applications at U.S. consular posts. According to a State Department regulation: “Posts are authorized to accept H visa petitions and issue visas to qualified applicants up to 90 days in advance of applicants’ beginning of employment status. […]

Difficulties of Obtaining H-1B Visas for Employees of Small or Start-Up Companies

Two years ago, U.S. Citizenship and Immigration Services (USCIS) announced an initiative to support small and start-up business to obtain the workers they need.  Most foreign, professional level workers are hired through the H-1B Visa process.  To date, smaller or start-up companies still encounter certain difficulties when applying for H-1B visas: USCIS sometimes claims that there […]

USCIS Reaches FY 2015 H-1B Cap

USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY2015 for both the general category and the advanced degree exemption category, and will close the filing period after today. A random selection “lottery” will occur at a later date.

Carolyn Killea and Morris Deutsch Publish Book Chapter on Employment of International Workers

Morris Deutsch and Carolyn Killea recently published “Employing High-level or Professional International Workers,” the 1st chapter in a book called “Employing International Workers: Leading Lawyers on Complying with Regulations When Hiring International Employees.” Anyone interested may purchase the book on the Thomson Reuters site.

H-1B Employees – What Happens in a Government Shutdown?

Once again, we face a possible government shutdown on October 1st, since the current continuing funding resolution expires on September 30th. The last threat of a government shutdown was in 2011 and the last actual shutdown occurred in 1995-1996. The issue, how government contractors must treat H-1B employees during a shutdown, is complicated by competing […]

Government Checking Social Networking Sites for Immigration Fraud

Immigration News Government Checking Social Networking Sites for Immigration Fraud We always have advised our clients to avoid anything the government could interpret as “fraud” in their immigration applications.  For example, someone on an “H” visa or applying for permanent residence should not change job title or work location without first notifying immigration authorities.  Currently, […]

Applying for H-1B Visas in Canada – Warning

Pointer: Third Country Nationals (TCNs) Should Use Caution When Processing Non-Immigrant Visa Applications in Canada By Jerry Grzeca (Vice Chair), AILA Department of State Liaison Committee [April 2010] +++++++++++++++++++++++++++ The Department of State Liaison Committee reminds AILA members and their third country national clients (TCNs) to use caution when considering applying for non-immigrant visas at […]

CIS Fraud Detection Unit Conducts Surprise H-1B Investigations

Sep 30, 2009 USCIS’ Fraud Detection Unit Conducting Surprise Investigations of H-1B Employers The U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security (FDNS) Unit, which has conducted site visits to employers who sponsor foreign nationals for years, has recently stepped-up unannounced site visits.  FDNS reportedly has visited several of our employer clients […]

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