If the answer is “yes,” it is time to start thinking about obtaining an H-1B nonimmigrant visa (“H-1B visa”) so that you may stay and work in the United States. What is an H-1B Visa? Much like when in OPT (Optional Practical Training), an H-1B visa allows you to be employed by the company sponsoring [...]

USCIS announced today that the H-1B Cap has been met for year 2010. This is the end of an unusually long period of time USCIS accepted H-1B nonimmigrant visa petitions. This does not effect extensions, amendments, or change of employers for current H-1B visa holders. Employers may resume filing H-1B petitions on April 1, 2010 [...]

On December 14, 2009, United States Citizenship and Immigration Services (USCIS) announced that 62,500 H-1B cap-subject petitions have been filed. Remarkably, this is a 1,000 petition increase over the 61,500 USCIS announced it has received on December 8, 2009. The H-1B visa is among the most coveted by U.S. employers because it allows foreign workers [...]

With an escalation in employer inspections by United States Immigration and Citizenship Services (USCIS), Immigration and Customs Enforcement (ICE), and the Department of Labor (DOL), it has become vital that employers with H-1B employees have their H-1B Public Access Files in order. What Documents Should be in a H-1B Public Access File? To avoid potential [...]

Among immigration lawyers, 2009 will be known as the year of “un-cappable” H-1B visas. What is an H-1B nonimmigrant visa? H-1B nonimmigrant visas allow U.S. employers to temporarily (up to six years) employ foreign workers in what USCIS calls “specialty occupations.” The regulations define a “specialty occupation” as requiring theoretical and practical application of a [...]