One of the most popular U.S. work visas, the H-1B, will start accepting filings for new H-1B employment on April 1. Pursuant to each yearly H-1B quota, new H-1B filings can be filed on April 1, at the earliest, for a starting date of employment on or after October 1. The H-1B Quota and [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of November 27, 2009, USCIS has received approximately 58,900 H-1B petitions counting toward the 65,000 cap (an increase of 2,000 in the past week). The updated count means that as of November 27, 2009, there were 6,100 H-1B visas left [...]
The U.S. Immigration and Customs Enforcement (“ICE”) announced recently that ICE would be issuing Notices of Inspection (NOI) to 1,000 employers across the United States associated with critical infrastructure. The NOIS will seek to determine the employers’ compliance with employment eligibility verification laws. What is Critical Infrastructure Employer? The announcement seems to focus on employers associated with [...]
We have reported of increased H-1B employer site visits as part of USCIS’ Administrative Site Visit Verification Program (ASVVP). Some of our clients have experienced such site visits and in this article we aim to describe the process and the kind of information sought by the site inspectors during each visit. Generally, site inspectors arrive unannounced [...]
The H-1B regulations impose certain additional recruitment and attestation requirements to so called “H-1B dependent employers.” Therefore, it becomes to understand the definition of H-1B dependent employer. Definition of H-1B Dependent Employer Pursuant to 20 CFR 655.736, an H-1B dependent employer is one which meets one of the following standards: The employer has 25 or fewer full-time equivalent [...]
Under a new directive marked as “Tier 1″ (high strategic importance and significant impact on one or more industries), the Internal Revenue Service (”IRS”) has indicated that it will be focusing increased resources on H-1B sponsor companies’ tax withholding and reporting. As our clients and readers know, the H-1B nonimmmigrant work visa is one of the [...]
There has been quite a bit of legal activity in connection with the Bush administration executive order requiring federal contractors to use E-Verify to check the employment eligibility of all newly hired employees as well as current employees directly working on a contract. Rule Goes Into Effect on September 8, 2009 On August 26, 2009, a U.S. [...]
The H-2B filing period for fiscal year 2009 (FY2009) has been reopened by USCIS due to insufficient applications filed under the cap. Accordingly, USCIS accepts immediately new H-2B petitions under the FY2009 cap for starting work date before October 1, 2009. FY2009 H-2B Numbers Are Under the Quota On January 7, 2009, USCIS announced that it has [...]
The U.S. Customs and Immigration Enforcement (”ICE”) has released a supplemental guidance sheet with respect to gap-cap extensions available to holders of F-1 status who work pursuant to their optional practical training and who are beneficiaries of a cap-subject H-1B work visa petition. The guidance sheet is helpful in not only describing in more detail what [...]
As an E-Verify designated agent, we provide E-Verify verification services to many small and mid-size businesses and allow them to assure E-Verify participation without the hassle of running E-Verify inside their operations. An E-Verify designated agent, we work with our E-Verify company clients to ensure that they follow the rules and procesures required by E-Verify. This [...]