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LEGAL ALERT: Prevailing Wage Increase for Highly Skilled Non-Immigrant and Immigrant Workers is Delayed

May 26, 2021
The Department of Labor ("DOL") delayed until November 2022 the effective date of the Trump Administration's rule titled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States" (the "Prevailing Wage Rule" or "Rule") which significantly raised the minimum wage employers must pay to highly skilled H-1B, Read More »

FY2022 H-1B Online Registration Starts on March 9, 2021

February 10, 2021
United States Citizenship and Immigration Services (“USCIS”) announced that employers may submit their cap-subject H-1B online registration forms beginning Tuesday, March 9, 2021 at noon Eastern Time and continuing through Thursday, March 25, 2021 at noon Eastern Time. Employers will need to register and pay an associated $10 fee for each H-1B electronic registration. USCIS will conduct a Read More »

USCIS Publishes Final Rule Creating a Wage-Based Selection Process for H-1Bs

January 11, 2021
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 »

New DOL and DHS Rules Significantly Impact H-1B Program

November 02, 2020
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 »

USCIS Officially Confirms New H-1B Registration Process

February 11, 2020
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 »

Applying for an H-1B Visa for Fiscal Year 2021

November 21, 2019
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 »

The Format of an Expert Letter

January 18, 2019
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 »

Expert letters – How many letters are enough for an O-1 Petition?

December 10, 2018
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 »

Client Testimonial

October 05, 2018
I was recently denied approval to travel for some important upcoming meetings in the United States on the Visa Waiver program and thus needed a skilled attorney that fully understood Immigration Law to assist me with overcoming the denial and obtaining a business visa to the United States.  Anna Putintseva and her team assisted me Read More »

Fiscal Year 2019 H-1B Cap Filing Season Begins April 2, 2018

January 25, 2018
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 »

Fiscal Year 2018 H-1B Cap Filing Season Begins April 3, 2017

January 24, 2017
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 »