While few, if any, of our clients and readers will be planning major celebrations, October 1st is an important date as it marks the beginning of the new government fiscal year. This has some immigration implications for many folks -- for example, H-1B cap petitions are becoming effective and the quotas for green [...]
H-1B visa holders are allowed to work temporarily in the U.S. for sponsoring employers and they often comprise of highly skilled professionals working in the difficult to fill positions in the tech, medical and education industries. In most business circumstances, hiring an H-1B visa holder is a successful and thriving event for both the employer [...]
Many of our readers are aware that as of April 7, 2014, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota. All cap-subject new H-1B petitions received by USCIS on or after April 7th have been or are currently in the process of being rejected and sent back [...]
OCAHO reduced fine for a mom and pop family business, from $14,025 to $1,650, stating in the decision that “ICE overreaches when it issues a NIF and files a complaint containing allegations that the government actually knows to be false.” (U.S. v. Crescent City Meat Company, Inc., 4/22/14) This recently published case appears to demonstrate [...]
Every company's hiring objective is to find the best-qualified candidate, and in today’s global economy, often that candidate will be a foreign national who requires visa sponsorship. And employing a foreign national, even temporarily, requires a commitment of your company's Human Resources department, administrative time and financial resources. For this reason every employer, whether it [...]
We are frequently asked by our corporate clients what obligations an employer has when it terminates a foreign national employee who is an H-1B visa holder, and what options are available to the foreign national employee if he is terminated. Employers can terminate an H-1B visa worker at any time without penalty as long as [...]
The U.S. Citizenship and Immigration Service (USCIS) announced earlier this afternoon that, as of today, April 7th, they have received a sufficient number of H-1B petitions to meet the annual H-1B cap for the 2015 fiscal year (FY2015). According to USCIS, they have received more than 20,000 H-1B petitions filed for beneficiaries with U.S. master’s [...]
As we are going into the peak of the H-1B cap season, our office receives many inquiries about the duration of the H-1B filing season this year or, in other words, when will the H-1B cap be reached? So far we have been able to compare demand with prior H-1B filing seasons and we knew [...]
The process of hiring foreign workers is complicated and time-consuming thus many employers find it necessary to have a dedicated staff with expertise in making strategic decisions regarding hiring foreign nationals. The immigration function is typically housed in various departments at different organizations but most commonly within the HR department. With proper planning and follow [...]
On April 1, 2014 the U.S. Citizenship and Immigration Services (USCIS) will start accepting applications for one of the most popular U.S. work visas, H-1B, for fiscal year (FY) 2015. Our intelligence and past experience suggest that this year's H-1B cap season will be very short -- five business days. Our office is already [...]