Category: Uncategorized

H-1B EMPLOYER COMPLIANCE TIPS FOR LCA AND PAF AUDITS 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. If the required wage rate is based on…

September 26th-30th Immigration News Updates USCIS INCREASES GREEN CARD VALIDITY EXTENSION FOR RENEWAL APPLICANTS FROM 12 MONTHS TO 24 MONTHS As of September 26, 2022, USCIS has increased the automatic extension granted to green card renewal applicants to 24 months, up from an automatic extension of 12 months under the prior policy. Moving forward, the…

On June 24, 2022, the U.S. District Court for the Northern District of California held that USCIS committed a legal error when it deauthorized EB-5 Regional Centers (RCs) that existed when the EB-5 Reform and Integrity Act of 2022 (RIA) was signed into law. As a result of this Court ruling, pre-authorized Regional Centers may…

Posted by Keshab R. Seadie | Mar 28, 2022 | 1 Comment The FY2023 H1B lottery result is out and will continue to come out until the end of March 2022. USCIS has published the 1st round of random lottery from the submitted petitions. The other rounds of H1B lottery Results will be updated by…

Congress has passed the “EB-5 Reform and Integrity Act of 2022” as part of its Omnibus spending legislation. Under the EB-5 Immigrant Investor Regional Center Program, individuals can apply for permanent residence if they make the necessary monetary investments and create at least 10 permanent full-time jobs for American workers. The EB-5 Program has been…

Posted by Keshab R. Seadie | Mar 18, 2022 | 1 Comment USCIS sends a notice called a request for evidence, or RFE, when they need more proof to decide an H1-B case. The H1-B classification applies to individuals who perform services in a specialty occupation. When an employer files Form I-129, Petition for a…

The OPT Cap-Gap Extension and pending H-1B visa A Cap-Gap extension allows an eligible F-1 OPT or STEM OPT student to continue to work on an expired OPT card so long as it expires after April 1st and an H-1B visa lottery has been selected and a non-frivolous change of status from F-1 to H-1B…

Denial of H-1B Visa lottery due to double filing of H-1B visa by multiple companies Can I file multiple Cap Subject H-1B visas (lottery) from multiple companies? The short answer is Yes. You can file multiple Cap Subject H-1B visas from multiple companies provided these multiple companies are not affiliated or owned and operated by…

H-1B Visa Registration Process 2022 The H-1B Visa registration (H-1B Visa Lottery) process requires employers to register each qualified cap subject H-1B visa beneficiary through a USCIS online portal before filing the actual petition with the USCIS. If the H-1B registration submissions exceed the statutory limits (which has been the case for past several years),…

Importance of Maintaining a Valid Status while Filing Cap Subject H-1B Visa By Keshab Raj Seadie, Esq. 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…