Publications

On March 1, 2022, U.S. Citizenship and Immigration Services ("USCIS") will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2023 cap.  Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2022. Competition for H-1B numbers during the FY2023 season is Read More »

By: Anna Putintseva The U.S. Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive in-person interviews for certain employment nonimmigrant visa applicants through the end of 2022. Beneficiaries of approved H-1, H-3, H-4, L, O, P, and Q visa petitions may qualify for an interview waiver if Read More »

On January 8, 2021, USCIS published a final rule (the “Rule“) creating a wage-based selection process for new cap-subject H-1B petitions titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions which is scheduled to take effect on March 9, 2021, before this year’s H-1B lottery.  The Rule gives priority to the petitions offering Read More »

The U.S. District Court in California has set aside the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, significantly increasing the prevailing wages to be paid to certain temporary and permanent foreign workers (“DOL Rule”) and the DHS interim final rule, Strengthening the H-1B Nonimmigrant Read More »

On October 8, 2020, the Department of Labor ("DOL") and Department of Homeland Security ("DHS") published new rules that will have a considerable impact on the H-1B visa program. The DOL rule substantially modifies and increases prevailing wages payable to foreign workers and limits the H-1B program to the most highly paid professionals, regardless of Read More »

United States Citizenship and Immigration Services ("USCIS") announced that it is implementing the electronic registration system for employers seeking to file FY2021 H-1B cap subject petitions. Employers are required to register and pay an associated $10 fee for each electronic registration. We can assist you with the registration and submission of the necessary information for Read More »

Background The H-1B category is an attractive employment-based option for U.S. employers seeking to hire foreign nationals in specialty occupations. Generally, in order to qualify for an H-1B visa, the employer must demonstrate to the United States Citizenship and Immigration Services (the "USCIS") that the following requirements are met: the job is a specialty occupation, Read More »

In last month's alert, we discussed a popular question among many employer-sponsors, namely how many expert letters should be submitted to support a petition. Here is the link to that alert:  http://bhlawpllc.com/publication/expert-letters-how-many-letters-are-enough-for-an-o-1-petition/ In this alert, we are addressing the format of how these letters should be written. The government gives some insights in the regulations about Read More »

The fifth criterion for O-1 classification is what we generally refer to in the industry as "expert letters". Usually sponsors and beneficiaries ask us how many letters are required in order to meet this criterion. Our response is: it is not the quantity but the quality of expert letters that matters. O-1 petitions do not Read More »

As of September 11, 2018, the US Citizenship & Immigration Services (USCIS) implemented a new policy which states an officer  reviewing a recently filed petition has the discretion to outwardly deny the petition without first issuing a Request for Evidence or a Notice of Intent to Deny. This policy is intended to encourage petitioners to submit as Read More »

There are times when cases presented to this office involve a dancer who has transitioned from being a highly successful competitive dancer to coach or performer. As more years pass between the dancer's last competition and the dancer's current work as a coach or performer, there may be concerns about using older results to support Read More »

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On April 2, 2018, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2019 cap.  Foreign employees whose H-1B FY 2019 petitions will be approved can start their employment in the United States on October 1, 2018.  While April 2nd may seem far away at Read More »

On April 3, 2017, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2018 cap.  Foreign employees whose H-1B FY 2018 petitions will be approved can start their employment in the United States on October 1, 2017.  While April 3rd may seem far away at Read More »