Newsletter

The reality of another Trump administration raises critical questions about the future of high-skilled immigration, particularly H-1B and L-1 visas. From 2016 to 2020, Trump's restrictive immigration policies reshaped the landscape for foreign professionals, employers, and international students. The denial rates for H-1B and L-1 visas surged to unprecedented levels, with Request for Evidence (RFE) rates reaching 60% and denial rates exceeding 25%, compared to the sub-8% denial rates under the Obama and Biden administrations.

An H-1B audit is a review conducted by the U.S. Department of Labor (DOL) or U.S. Citizenship and Immigration Services (USCIS) to ensure that employers hiring H-1B workers comply with legal and regulatory requirements.

If you're a green card holder working overseas, it's essential to take steps to preserve your U.S. residency for naturalization eligibility. Long absences can disrupt your ability to file for citizenship (N-400) and could even jeopardize your green card. Filing for a reentry permit and, in some cases, an N-470 application to preserve residency for naturalization, can help protect your U.S. status.

Applying for a Social Security Number (SSN) as a non-immigrant visa holder is a straightforward process but requires specific documentation to prove your eligibility.

The EB-1A green card pathway has emerged as an increasingly viable solution for Indian professionals in computer science, IT management, and project management facing severe backlog delays in the U.S. employment-based immigration system.

The “Dropbox” for visa renewal refers to the Interview Waiver Program (IWP) offered by the U.S. Department of State. This program allows certain visa applicants to renew their visas without having to attend an in-person interview at a U.S. consulate or embassy.

Employers who hire H-1B workers are subject to many regulatory obligations. For example, the employer must continue to pay the H- IB worker the required wage rate throughout the entirety of the period of validity of the LCA.

Criminal history, particularly offenses categorized as Crimes Involving Moral Turpitude (CIMT), can have serious consequences on an individual's ability to obtain visas, adjust their status to lawful permanent residence (green card), or become a U.S. citizen.

As a prospective Cap Subject H-1B Visa Employee, you shall gather all relevant documentation whether you are filing to change your current non-immigrant status to H-1B or going for H-1B visa interview overseas. If you are opting for the change of status, you have an obligation to prove legal status throughout your U.S. stay.

The E-2 visa allows foreign nationals from treaty countries to invest in and manage a U.S. business. While the required investment amount depends on the size and scope of the business or project, it should be substantial and typically exceed $100,000 to meet the visa criteria.

When an employer terminates an H-1B worker, failing to follow the correct procedure can result in significant financial liability, including back wages owed to the employee. The U.S. Department of Labor (DOL) requires that employers adhere to a process known as a bona fide termination to avoid ongoing wage obligations.

International students on F-1 visas in the United States are provided with unique opportunities to gain practical experience in their field of study through two main programs: Curricular Practical Training (CPT) and Optional Practical Training (OPT), including the STEM OPT extension for certain eligible students. Employers who wish to hire these students must follow specific regulations established by U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). This article outlines the compliance protocols and employer responsibilities for hiring students under CPT, OPT, and STEM OPT programs.

For international students on F-1 visas, Optional Practical Training (OPT) provides an invaluable opportunity to gain practical experience in their field of study in the United States.

The National Interest Waiver is a valuable option for talented professionals in various fields, providing a pathway to U.S. permanent residency without the need for employer sponsorship. By focusing on the substantial merit of an individual's work, their ability to advance their field, and the national importance of their contributions, our law firm has helped many professionals achieve their immigration goals. If you believe your work could qualify for a NIW, our team is here to guide you through the process and help you present the strongest possible case to USCIS.

In today's volatile economic landscape, successfully navigating the Program Electronic Review Management (PERM) labor certification process can be particularly challenging for employers. The PERM process, which requires employers to prove that there are no qualified U.S. workers available for a particular job before hiring a foreign worker, involves a meticulous recruitment process. Here are key strategies to help employers successfully navigate the recruitment of U.S. workers in a bad economy.

Nursing remains a critical field in the U.S. healthcare system, and the demand for qualified nurses continues to grow. For foreign nurses seeking to work in the United States, there are several immigration pathways available. This article explores two primary options: the Schedule A I-140 Immigrant Petition and the H-1B Visa, along with the requirements for passing licensing exams.

Traveling internationally with H-1B status can be tricky. Here's a straightforward checklist and some essential tips to help you prepare. Note that some airports, like Chicago, and pre-flight immigration stations, such as Abu Dhabi, can be particularly strict for H-1B holders, especially those working at client sites or for smaller companies.

The H-1B visa is a coveted work visa for foreign professionals seeking employment in the United States. However, receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be a daunting obstacle in the H-1B application process. An RFE indicates that USCIS requires additional information or documentation to make a decision on your petition. Successfully responding to an RFE is crucial to the approval of your H-1B visa.

The employer must read and agree to statements (1) through (4) below and demonstrate that agreement by marking “Yes” in Section F of Form ETA 9035 and by signing the application form.

The American Competitiveness in the Twenty-First Century Act (AC 21) includes a crucial provision, Section 106(c), which offers significant benefits to foreign nationals seeking employment-based permanent residency (a green card).

Applying for U.S. citizenship can be a complex process, particularly if you have a history of driving while intoxicated (DWI) or other criminal records. Navigating the path to naturalization requires careful preparation and an understanding of how your past can impact your application. Here are essential considerations for individuals with DWI or other criminal records when applying for U.S. citizenship:

An H-1B Audit is conducted by the Wage and Hour Division of the US Department of Labor (DOL) or United States Citizenship and Immigration Services (USCIS) to determine if an H-1B employer is in compliance with the existing H-1B laws and regulations.

If you were not selected in the H-1B visa lottery, there are several alternative visa options available, depending on your qualifications and circumstances.

In March 2016, the STEM final rule13 expanded STEM OPT to 24 months but along with expanding the maximum period, it also put into place certain compliance provisions including the right to conduct worksite visits to ensure that employers and F-1 students authorized for STEM OPT have complied with program requirements.

One of the key considerations for F-1 students seeking employment in the United States is the transition from OPT to H-1B status. The H-1B CAP gap rule allows eligible F-1 students with pending or approved H-1B petitions to remain in the U.S. during the gap between the end of their OPT and the start of their H-1B employment period, which typically begins on October 1st of the fiscal year for which the petition was filed.