The Program Electronic Review Management (PERM) process is the first crucial step for foreign workers seeking permanent residency in the United States through the EB-3 skilled worker category. This labor certification process ensures that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Nepal's Temporary Protected Status (TPS) designation terminates on August 5, 2025 at 11:59 PM. Nepali nationals currently holding TPS must take immediate action to secure alternative immigration status or face removal proceedings. This guide outlines the primary pathways for changing status to nonimmigrant visas, immigrant visas, or asylum protection.
Fraudsters increasingly targeting immigrants with fake government calls demanding immediate payment.
Form I-9 Employment Eligibility Verification, USCIS FDNS (Fraud Detection and National Security) Site Visits, DOL H-1B Wage and Hour Audits, PERM Labor Certification Audit File & General Compliance Recommendations.
If you're an undocumented parent living in the United States, it's critical to plan ahead to protect your children in case of detention or deportation. Without a plan, your children could face foster care, detention, or even deportation. This guide outlines essential steps you can take now to safeguard your family's future.
As a lawful permanent resident (green card holder) of the United States, international travel is generally permitted. However, certain circumstances can complicate re-entry into the U.S., potentially leading to delays, secondary inspections, or even denial of entry.
H-1B-dependent IT consulting firms face unique challenges in complying with the evolving landscape of immigration law, particularly after the implementation of the H-1B Modernization Rule effective January 17, 2025. From navigating third-party placements and verifying specialty occupation roles to handling FDNS site visits and DOL audits, compliance is no longer optional—it is a business imperative.
If someone has recently received a SEVIS termination letter and their F-1 visa status was canceled, it is a serious matter that may lead to expedited removal, arrest, or removal proceedings in immigration court.
The H-1B visa landscape has undergone a significant transformation following the ITServe Alliance v. USCIS settlement and the release of the H-1B Modernization Rule. These changes have created both opportunities and responsibilities for employers and foreign workers alike. Below is an overview of the current state of H-1B adjudications and how employers can navigate the new expectations while maintaining full compliance.
The H-1B visa lottery remains fiercely competitive, with demand consistently exceeding the annual CAP of 85,000 visas (65,000 for the general category and 20,000 for the advanced degree exemption). As a result, many highly qualified foreign nationals find themselves without an H-1B visa. Fortunately, there are several alternatives to consider, ranging from other nonimmigrant visa categories to various green card options. Below, we discuss some of the most viable alternatives.
The U.S. Citizenship and Immigration Services (USCIS) requires certain non-U.S. citizens (aliens) to register their presence in the United States. This article provides a step-by-step guide to the registration process, including who needs to register, how to complete Form G-325R, and the consequences of failing to comply with this requirement.
U.S. Customs and Border Protection (CBP) possesses the authority to search electronic devices—including phones, laptops, and tablets—of anyone entering the United States, encompassing both citizens and non-citizens. These inspections can occur at land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. Notably, these searches can be conducted without a warrant or suspicion.
People living in the U.S., including undocumented immigrants, have certain constitutional rights.
As the H-1B lottery registration opens today, it is crucial for employers and applicants to follow proper procedures to avoid disqualifications, Requests for Evidence (RFEs), or fraud allegations. Here's a guide on what to do and what not to do when registering for the FY 2026 H-1B CAP lottery.
The L-1A visa, originally designed to facilitate the transfer of multinational managers and executives to the United States, has increasingly become a tool for IT companies to circumvent the stringent requirements of the H-1B program. With the H-1B visa subject to an annual lottery system and the L-1B specialized knowledge category difficult to prove, some IT firms have allegedly misrepresented job titles and responsibilities to qualify employees for L-1A visas. This practice has sparked legal battles, False Claims Act lawsuits, and whistleblower allegations exposing widespread visa fraud.
The H-1B visa is one of the most sought-after work visas for foreign professionals seeking employment in the United States. It allows U.S. employers to hire highly skilled foreign workers for specialty occupations, typically in fields such as technology, engineering, healthcare, finance, and academia. This temporary visa plays a crucial role in bridging the talent gap for American companies while providing career opportunities for international talent.
The H-1B visa lottery is an essential step for U.S. employers seeking to sponsor foreign professionals for specialty occupations. As we approach the fiscal year 2026 (FY26) H-1B CAP registration period, it is crucial for employers and beneficiaries to understand the rules and potential pitfalls associated with the process.
The Labor Condition Application (LCA) posting requirement is a critical compliance measure for H-1B employers, particularly when H-1B workers are placed at third-party client sites. The U.S. Department of Labor (DOL) mandates that the LCA be posted at the actual work location, whether it is controlled by the employer or a third party. However, with the evolution of work environments and technology, electronic postings have become an accepted means of fulfilling this requirement.
As President Donald Trump prepares returned to the White House in January 2025, the outlook for business immigration appeared increasingly bleak. Trump's recent appointments to key positions signal a return to hardline immigration policies that could have significant implications for H-1B, L-1, and other employment-based visa programs.
Ensuring compliance with Form I-9 requirements is crucial for U.S. employers to verify the identity and employment authorization of their employees. The U.S. Immigration and Customs Enforcement (ICE) conducts audits to enforce these requirements, and understanding the process is essential for businesses to mitigate risks.
The Fraud Detection and National Security (FDNS) Directorate conducts site visits to ensure compliance with H-1B visa program requirements. IT consulting companies placing H-1B employees at third-party client sites or employing them in-house must be prepared to demonstrate adherence to visa rules and proper documentation.
The National Interest Waiver (NIW) is a unique provision within the EB-2 employment-based immigrant visa category that allows individuals to self-petition for a green card without the need for an employer sponsor or a labor certification. The NIW is designed for individuals whose work benefits the national interest of the United States.
The U.S. Citizenship and Immigration Services (USCIS), in January of 2025, has announced comprehensive updates to its Policy Manual regarding evidentiary requirements for O-1 nonimmigrant petitions. These updates clarify the evaluation process for individuals with extraordinary ability in various fields, including sciences, arts, education, business, and athletics, with a particular focus on individuals working in critical and emerging technologies, such as artificial intelligence (AI).
When the Fraud Detection and National Security (FDNS) Directorate or the Department of Labor (DOL) initiates an H-1B audit or site visit due to a tip from a disgruntled employee or the consulate during visa stamping, it is critical to have a proactive plan in place to ensure compliance and mitigate risks. Here's a step-by-step guide to preparing for and managing such investigations:
Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the PERM process for employers conducting labor market testing efforts within those states
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