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.
I-94 documents should be checked periodically to avoid any errors in being out-of-status. This article provides crucial information regarding your I-94 and correcting you incorrect I-94 if provided.
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.
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.
Securing a successful H-1B CAP approval under the H-1B Modernization Final Rule (effective January 17, 2025) requires a well-documented petition that clearly demonstrates the specialty occupation nature of the job and the beneficiary's qualifications. Below are key steps to establish the specialty occupation, strengthen the H-1B petition, and minimize the risk of a Request for Evidence (RFE).
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.
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
F-1 visa holders who were not selected in the H-1B lottery have several options to consider.
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 “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.
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