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H-1B

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Wage Level I RFEs: How Helpful are Third-Party Professor Opinions?

USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017.     It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty [...]

By | 2017-11-13T21:57:09+00:00 November 13th, 2017|Articles, Employers, H-1B, News, News Alert|

USCIS Changes Deference Policy for I-129 Extensions: Raises the Bar for Approvals

In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service ("USCIS") has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.     This affects all I-129 petitions extensions, [...]

By | 2017-10-24T10:19:36+00:00 October 24th, 2017|Articles, Employers, H-1B, News, News Alert, Policy|

Premium Processing Reinstated for All H-1B Cases as of October 3

USCIS has just officially confirmed as of today, October 3, 2017, they have reinstated the premium processing service for all types of H-1B petitions.    Petitions filed under the premium processing service are given a response by USCIS within 15 calendar days.  Similarly, pending "regular processing" H-1B petitions can be "upgraded" to premium processing service. [...]

By | 2017-10-03T12:34:49+00:00 September 28th, 2017|Articles, Employers, H-1B, News, News Alert|

Premium Processing for Pending H-1B Cap Cases Reinstated

USCIS continues to add types of H-1B petitions for which the premium processing service is being reinstated.  On September 18, 2017, USCIS announced that they are reinstating premium processing for pending H-1B cap petitions. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-09-19T13:34:07+00:00 September 18th, 2017|Articles, Employers, H-1B, News, News Alert|

How to Handle Wage Level I H-1B RFEs?

Update 11/14/17:  added additional points and arguments commonly included in RFE responses.   Added our firm's track record of success in Wage Level I RFE responses. Our readers and clients who have been involved in the H-1B program over the last few months (and especially those participating in the H-1B cap filing season) must have experienced [...]

By | 2017-12-14T09:03:45+00:00 September 11th, 2017|Articles, Employers, H-1B, News, News Alert|

Premium Processing for H-1B Cases Starting to Come Back, Gradually

USCIS appears to be in the process of reinstating premium processing service for H-1B petitions.  On July 24, 2017, USCIS announced that they are reinstating premium processing for H-1B petitions filed by cap-exempt employers. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-07-27T12:49:19+00:00 July 27th, 2017|Articles, Employers, H-1B, News, News Alert|

USCIS Starts Mailing H-1B Cap Non-Selection Notices

Two months after completing the random H-1B cap lottery, USCIS has started mailing back the H-1B cap applications which were not selected under the random H-1B cap lottery.     While the H-1B cap receipts for selected cases were sent out by May 3rd,  many employers and applicants who had not heard by now had to assume that their [...]

By | 2017-06-19T09:45:45+00:00 June 19th, 2017|Articles, H-1B, News, News Alert, PERM|

Simeio RFEs: How to Handle “Simeio” RFE Due to Late H-1B Amendment Filing?

In our office, and in the broader H-1B community, we are seeing instances and reports of H-1B petition RFEs aimed at ensuring compliance with the Simeio-line of guidance issued by USCIS in 2015. Specifically, we are seeing RFEs on H-1B petitions (amendments, mostly, but also for extensions) where USCIS is questioning the timeliness or the [...]

By | 2017-06-08T09:44:51+00:00 June 8th, 2017|Articles, Compliance, H-1B, News|

USCIS Clarifies H-1B Master’s Cap Degree Must be Obtained While University is Accredited

The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators.    USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based on a [...]

By | 2017-06-01T12:31:01+00:00 June 1st, 2017|AAO, Articles, F-1, H-1B, News, News Alert, Policy|

USCIS Completes Data Entry and Receipting of H-1B Cap Petitions for FY2018

Many of our readers are aware that as of April 7, 2017, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota. As USCIS has been issuing receipt notices for the H-1B cap cases which are being selected for processing, we wanted to provide an update [...]

By | 2017-05-20T21:46:57+00:00 May 3rd, 2017|Articles, Employers, H-1B, News, News Alert|