Articles Posted in H-1B Visa

On Thursday, November 7th, USCIS announced as part of the final rule for the H-1B electronic registration system, they will be charging a non-refundable $10 fee for each H-1B petitioned by an employer. This $10 registration fee will not start until the USCIS implements the electronic registration system.

For further details please review the USCIS News Release, “USCIS Implements $10 Fee for H-1B Visa Registration”.

*The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

On Monday, April 3rd, U.S. Citizenship and Immigration Services (USCIS) announced further measures to deter and detect H-1B visa fraud and abuse. USCIS feels they are protecting the American worker by combating fraud in our H-1B nonimmigrant visa program and has made that a priority.

USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. By filing an H-1B petition with the USCIS, an employer is giving the agency the authority to conduct random site visits to ensure compliance with the rules and regulations governing the H1B nonimmigrant visa program.

USCIS will focus on:

On Friday, December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016 (Public Law 114-113). Part of this new law includes fee increases for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.

The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status.

Petitioners must submit the additional fees when filing their H-1B or L-1 petitions for initial grants of status and when a beneficiary is transferring status to a new employer. Extensions of Status are not subject to the additional fees required under Public Law 114-113.

USCIS is alerting applicants that certain H-1B and L-1 petitions filed on or after October 1, 2015, should not include the additional Public Law filing fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347 (for certain H-1B and L-1 petitions). The additional fee required by Public Law 111-230, as amended, expired on September 30, 2015.

Be aware that all other H-1B and L-1 filing fees, including the Base filing fee, the Fraud Prevention and Detection filing fee, and American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) filing fee when applicable, are still required. USCIS prefers separate checks for each filing fee!

Note: Petitions with incorrect fees may be rejected.

The U.S. Citizenship and Immigration Services (USCIS) have published two web pages with guidance for H-4 dependent spouses on their web site. This information can be used to help those who are eligible and want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

You can view the information on:

• The Employment Authorization for Certain H-4 Dependent Spouses Web page, and • The list of Frequently Asked Questions that we have compiled since we announced the H-4 rule in February.

USCIS has begun accepting employment authorization (EAD) applications from certain H-4 dependent spouses as of Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Once USCIS approves Form I-765, Application for Employment Authorization, and the H-4 dependent spouse receives the physical Employment Authorization Document (EAD), he or she may begin working in the United States.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

USCIS announced that they will temporarily suspend premium processing for all H-1B Extension of Stay petitions as of Tuesday, May 26, 2015. This suspension will last until Monday, July 27, 2015.

During this temporary suspension period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.

If you filed an H1B Extension of Stay petition with premium processing before the May 26th suspension date, the USCIS will still process your request.

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

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