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San Francisco Immigration Law Blog

H-1B Registration Compliance: Avoiding Disqualification in a Heightened Enforcement Environment

As the H-1B cap registration window opens each March, many employers focus primarily on one question: Will our candidate be selected? Increasingly, however, the more important question is this: Will our registration withstand USCIS scrutiny? In recent years, the H-1B registration system has evolved from a simple lottery entry process into a compliance screening mechanism administered by U.S. Citizenship and

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Donald Smith 03/03/2026

TN Status Is Not a Long-Term Strategy: Preparing for FY 2027 H-1B Cap Season

Given the ongoing uncertainty surrounding U.S.–Canada–Mexico cross-border mobility, employers should reassess whether relying exclusively on TN (USMCA/NAFTA) status remains a prudent long-term workforce strategy. While TN classification offers efficiency and flexibility, it carries structural limitations: With the FY 2027 H-1B cap season approaching, employers with key Canadian and Mexican employees in TN status should strongly consider pursuing H-1B registration as

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Donald Smith 02/23/2026

March 2026 Visa Bulletin: Meaningful Movement in Employment-Based Categories

The March 2026 Visa Bulletin shows stronger forward movement than February — particularly in key employment-based categories. Here’s what changed: 🔹 EB-1 (India & China) – Advanced forward from prior February cutoffs.🔹 EB-2 (Rest of World) – Now current. A significant jump.🔹 EB-2 (India) – Substantial advancement.🔹 EB-3 (Rest of World/Mexico/Philippines) – Continued forward movement.🔹 EB-4 – Notable advancement compared

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Donald Smith 02/20/2026

Why Most H-1B Cap Registrations Fail Before the Lottery Even Runs

There is a persistent myth that the H-1B lottery is the primary obstacle to approval. In practice, many cases are lost long before a petition is ever adjudicated. The failure point is often the registration itself. Registration Is Not a Free Pass Although the electronic registration system appears simple, USCIS treats it as a compliance gatekeeper. Registrations may be rejected

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Donald Smith 02/11/2026

H-1B Cap Season: What Employers Should Be Doing Before Registration Opens

Each year, employers focus closely on the March H-1B registration window. By then, however, many of the most important decisions and mistakes have already been made. Successful H-1B cap filings are rarely the result of last-minute preparation. They are the product of careful planning that begins well before registration opens. Why February Matters February is the final opportunity for employers

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Donald Smith 02/04/2026

What to Do If Your Situation Has Changed Since You Were Chosen in the H1B Lottery

Being selected in the H1B visa lottery is a significant milestone for professionals aiming to work in the United States. However, changes in personal or professional circumstances between the time of lottery selection and visa issuance are not uncommon. In such cases, updating your H1B application becomes essential to ensure compliance and maintain eligibility.  Below, we’ll guide you through the

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Donald Smith 05/31/2024

Understanding PERM Applications: A Guide for Employers

Are you an employer looking to hire foreign workers for permanent positions in the United States? If so, understanding the Program Electronic Review Management (PERM) application process is crucial. In recent cases, there have been important updates regarding PERM applications that employers need to be aware of. Let’s delve into these updates and gain insights into navigating the PERM process

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Donald Smith 04/30/2024

What to Do If the H1B Lottery Is Closed

The H1B visa program is a gateway for skilled foreign workers to gain employment in the United States, particularly in sectors like technology, engineering, and medicine. However, due to the program’s annual cap and high demand, not everyone who wishes to apply will secure a slot. If you find yourself in a situation where the H1B lottery is closed for

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Donald Smith 04/20/2024

Immigration Attorneys at Litwin & Smith Use The H-1B Visa Program to Give Employers That Need Specialized Knowledge a Competitive Edge

The H-1B Visa Program Is vital for industries that need specialized knowledge, such as information technology, engineering, mathematics, and science. It allows the best individuals worldwide to join the US workforce, enhancing innovation and competitive edge.  Litwin & Smith Immigration Attorneys Litwin & Smith is a reputable law firm specializing in immigration law with a proven track record of helping clients

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Donald Smith 04/03/2024

FY 2025 H1B Registrations Close on March 22, 2024

With the Fiscal Year (FY) 2025 H1B visa registration period drawing to a close on March 22, 2024, prospective applicants and their sponsors are reminded that they have just one week left to complete and submit their registrations. This period marks a critical juncture for individuals and companies aiming to be part of the highly sought-after H1B program, which allows

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Donald Smith 03/20/2024

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The employers’ step-by-step guide to

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