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Today the U.S. Citizenship and Immigration Service (USCIS) announced that it received more than 236,000 cap-subject H-1B petitions for Fiscal Year (FY) 2017. The Agency also announced that on April 9, 2016, it conducted a computer generated lottery of these 236,000 petitions to select 20,000 petitions under the Advanced Degree Cap (U.S. Master’s degree or […]

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On April 7, 2016, the U.S. Citizenship and Immigration Service (USCIS) announced that it received sufficient H-1B petitions to meet the regular and advanced degree caps for Fiscal Year (FY) 2017. On April 1, 2016, USCIS began accepting petitions from U.S. Employers requesting that it approve highly skilled professional foreign national workers for temporary employment […]

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The United States Department of State has issued a final rule change, effective February 29, 2016, which codifies new regulations affecting the Teacher category of the J-1 Exchange Visitor Program. The Teacher category of the J-1 Exchange Visitor Program permits foreign teachers to teach full-time at accredited public or private primary or secondary schools (K-12 […]

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The H-1B nonimmigrant visa is an employer sponsored temporary work visa for foreign national professional workers in specialty occupations in the United States. Many employers depend on the H-1B program in order to ensure that they can hire foreign nationals with specialized skills and help their businesses thrive and grow. The H-1B process is common […]

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On September 9, 2015, the U.S. Department of State (DOS) and U.S. Citizenship and Immigration Service (USCIS) announced an important change to the visa processing system in the United States. In order to understand the changes, we should first review the basics of our immigrant visa system and then discuss the changes announced this week. […]

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By Zuzana Geremes, Paralegal On April 9, 2015, USCIS published a draft guidance based on its Administrative Appeal Office’s precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers is required due to a change in the H-1B worker’s worksite […]

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U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require specialized knowledge in their field. Many years ago, the U.S. Congress set a limit or “cap” of 65,000 H-1B visas for each fiscal year (FY). An additional 20,000 H-1B visas are available for foreign workers […]

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On April 9, 2015, the U.S. Citizenship and Immigration Service’s Administrative Appeals Office (AAO) issued an important decision that will impact thousands of H-1B employers across the country. In its precedential decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO held that when an H-1B employee changes his or her […]

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On April 7, 2014, the U.S. Citizenship and Immigration Service (USCIS) announced that the H-1B cap for Fiscal Year 2016 had been reached. As predicted, between April 1 and April 7, 2015 – the initial filing period for H-1B petitions for Fiscal Year 2016 – USCIS received more than the maximum number of H-1B petitions […]

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Over the past decade L-1B specialized knowledge petitions for foreign national employees have slowly become the bane of multinational companies’ existence.   The L-1B non-immigrant visa was introduced in 1970 as a way to facilitate international businesses’ ability to facilitate the management and transfer of foreign national employees from offices abroad and thus more efficiently […]

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In the world of temporary employment visas, the Q-1 Visa is often overlooked as a good solution for businesses in need of employees with specific language and cultural backgrounds. The Q-1 visa is an international cultural exchange visa that allows employers to bring in employees or trainees for participation in an approved international cultural exchange […]

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Happy H-1B Cap Season!

Happy Cap Season!  That’s right, Happy Cap Season!  For some, these words mean absolutely nothing, but for thousands of employers and potential highly skilled, foreign national workers in the U.S. and around the world, Cap Season is full of hope, fraught with anxiety, and colored by extreme frustration with the current annual limits on H-1B […]

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