FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

[gtranslate]

Call For A Free 15 Minute Consultation

FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.
Add Your Heading Text Here

San Francisco Immigration Law Blog

The High-Skilled Visa Landscape in 2026: Rising Denials, Higher Stakes, and the Value of Experienced Counsel

The High-Skilled Visa Landscape in 2026: Rising Denials, Higher Stakes, and the Value of Experienced Counsel If you are a skilled professional, an employer of foreign nationals, or a company navigating the U.S. immigration system, 2026 presents the most challenging adjudication environment in nearly a decade. Denial rates for employment-based visa categories are climbing sharply. Fees have increased dramatically. Requests

Read More »
Donald Smith 05/06/2026

I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule?

I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule? For persons in the United States on H-1B status who have recently been laid off or are concerned about their future employment, this set of Questions and Answers addresses these issues. Please note, however, that this is general information and is not intended to

Read More »
Donald Smith 04/24/2026

What Employers Must Do Now That H-1B Registration Is Closed

As the H-1B cap registration window is closed, most employers are focused on one outcome: selection. That is understandable, but incomplete. At this stage of the process, the more consequential question is not whether a registration will be selected, but whether the case is positioned to survive adjudication once it is selected. In today’s environment, the period between the close

Read More »
Donald Smith 03/23/2026

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

Read More »
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

Read More »
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

Read More »
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

Read More »
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

Read More »
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

Read More »
Donald Smith 05/31/2024

Recent Posts

Immigration Categories

The employers’ step-by-step guide to

THE H1-B PROCESS

FY2024

Schedule a consultation

Litwin & Smith Pleasanton, CA Office
PLEASANTON OFFICE

5829 Stoneridge Mall Road, Suite 218,
Pleasanton, CA 94588

SANTA CLARA OFFICE

5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054

[gtranslate]

Call for a 15 minute consult