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New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By | 2017-12-07T10:05:46+00:00 December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

H-1B Alternatives: What Are The Available Visa Options?

Many of our readers are aware that as of April 7, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota.  This year’s number of filings is at an all-time high, meaning that about 1 in 3 H-1B cap applications will be selected for review.   As [...]

By | 2017-07-20T13:42:20+00:00 May 2nd, 2017|Articles, Employees, Employers, H-1B, News|

USCIS Creates 60-day Grace Period Following Termination of Employment for H-1Bs (and Others)

As part of a set of rule changes, collectively called “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (see our full analysis) and effective as of January 17, 2017, USCIS introduced a very favorable and notable change to the way H-1B (and certain other work [...]

By | 2017-05-20T21:46:58+00:00 February 24th, 2017|Articles, Employees, H-1B, News, News Alert|

U.S. Consular Officers Told To Enforce Simeio H-1B Amendment Requirements

In response to the changed H-1B petition amendment requirements following the Simeio decision, the U.S. State Department has circulated a cable to U.S. Consulates worldwide with specific guidance to consular officers on how to address H-1B visa stamping petitions where there is change of employment.      While the cable does not create new policies, it specifically [...]

By | 2017-05-20T21:47:07+00:00 December 22nd, 2015|Articles, Employees, Employers, H-1B, News, Visa Processing|

Can H-1B ‘Benching’ Lead to Criminal Indictment?

The short answer is yes. Benching H-1B workers can lead to a criminal visa fraud indictment. Employers who hire H-1B employees and fail to pay the wages indicated in the Labor Condition Application during a work stoppage may be violating the terms set forth in the Department of Labor regulations.  The practice of “benching” H-1B [...]

By | 2014-11-19T16:19:38+00:00 November 19th, 2014|Articles, Compliance, DOL, Employees, Employers, H-1B, News|

The H-1B Cap Has Been Reached – What Are the Alternative Visa Options?

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 [...]

By | 2017-05-20T21:47:21+00:00 May 15th, 2014|Articles, Employees, Employers, H-1B, News|

CILG invites you to sign up for our Webinar on 5/1 on Immigration Options for Foreign Entrepreneurs

The immigration system provides a unique set of hurdles to foreign investors, entrepreneurs, and new companies that are looking to utilize the services of foreign nationals. This FREE Webinar program will focus on the different types of work visas and green cards that are available to foreign entrepreneurs. This seminar will cover immigration options for [...]

By | 2013-04-29T12:29:40+00:00 April 29th, 2013|Employees, Employers|

Public Charge – Overview and Description; Are Unemployment Benefits Permitted?

Our office frequently consults with companies and with individuals who are faced with the question on whether receiving a certain government benefit (most often unemployment benefits) would cause problems for an individual's immigration process.     This article seeks to explain the concept of "public charge" and to provide some useful information in the initial analysis of [...]

By | 2017-05-20T21:47:42+00:00 January 24th, 2013|Articles, Employees, H-1B, News|

Reminder: H-1B Work Visa Quota Opens for New Filings on April 2

One of the most popular U.S. work visas, the H-1B, will start accepting filings for new H-1B employment on April 2.     Pursuant to each yearly H-1B quota, new H-1B filings can be filed on April 1 (April 2nd this year because April 1st is a Sunday), at the earliest, for a starting date of employment [...]

By | 2012-03-29T11:51:55+00:00 March 29th, 2012|Articles, Employees, Employers, H-1B, News, USCIS|