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Recommended Timeline for FY 2012 H-1B Filings

Below is a suggested timeline for employers interested in bringing on new employees under the H-1B Specialty Occupation Program. The filing period for H-1B petitions with a start date of October 1, 2011 begins on April 1, 2011. The timeline is to help employers and new employees make a smooth transition into the H-1B program. […]

A Guide for University Graduates: Moving From OPT to H-1B Status

The transition from student life to work life can be daunting, especially if you are an international student. Foreign nationals graduating from American universities need to understand the complexities of United States immigration law when moving from school to work. This guide is meant to give individuals working on OPT status a general understanding about […]

Basic H-1B Fact Sheet

The process of hiring foreign workers can be long and complicated. This fact sheet provides a general outline to employers who are thinking about hiring foreign workers under the H-1B Specialty Occupation Program. About the H-1B program The H-1B program allows United States employers to hire foreign national workers to work in specialty occupations. A […]

January 2011 Visa Bulletin Shows Retrogression of Family-Based Dates

On December 8, 2010, the Department of State released the most recent Visa Bulletin. The Visa Bulletin summarizes the availability of immigrant visas for various categories of employment based and family based immigrant petitions. The Visa Bulletin posts the priority dates, or dates of application receipt, of immigrant visa petitions for which visas have become […]

USCIS Announces Plans to Stop Processing I-130s Overseas

The move is being made as a cost reduction effort. New filing procedures will requiring filing of I-130s at a United States based lockbox. Public comment can be made at [email protected]. About the Author Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers […]

USCIS Issues Guidance on Fee Changes

USCIS’s Latest Fee Schedule Takes Effect Fact Sheet Adjusted Fees Take Effect Nov. 23, Along with New and Revised Forms Introduction After publishing a final fee rule in the Federal Register on Sept. 24, 2010, U.S. Citizenship and Immigration Services (USCIS) will begin collecting adjusted fees for immigration applications and petitions on Nov. 23, 2010. […]

New H-1B Form Requires “Deemed Export” Certification

The Export Administration Regulations and International Traffic in Arms Regulations prohibit the release of certain controlled technology and software to foreign nations. Employers must treat H-1B access to controlled technology as an export of the technology to foreign national’s home country. H-1B employers have therefore been regulated to have either obtained the appropriate license of […]

USCIS Announces 51,200 H-1B Cap Subject Petitions Filed as of December 3, 2010

On December 10, 2010, USCIS announced that approximately 51,200 cap-subject H-1B petitions had been filed for fiscal year 2011. This means that there are fewer than 13,800 cap-subject H-1B visas remaining for fiscal year 2011. This number indicates that significantly fewer H-1B petitions have been filed compared to last year at this time. It may […]

DOJ Civil Rights Division Issues Guidance on Immigration Related Unfair Employment

The Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices has issued guidance sheets regarding Social Security No-Match letters. The guidance warns employers against taking unlawful actions against employees when receiving such letters and guides them to work with employees to obtain records to verify social security discrepancies. […]