As of April 2nd, 2023, a federal ruling has confirmed that spouses of H-1B visa holders are authorized to work in the U.S. This ruling confirms the Department of Homeland Security (DHS) regulation that first offered this authorization. The ruling was issued in Save Jobs USA v. U.S. Department of Homeland Security. Advocacy group Save Jobs USA argued that the
U.S. Citizenship and Immigration Services (USCIS) has announced that the agency has received sufficient electronic registrations to meet the cap on H-1B visas for fiscal year (FY) 2024. As such, it has performed a lottery to randomly select registrants who will be chosen to apply for these visas. Registrants may check the USCIS portal to determine if they have been
The registration period for the H-1B has ended, and the application period for chosen registrants is fast approaching. Now is the time to start considering one of the biggest hurdles many applicants face: Requests for Evidence, or RFEs. While many well-prepared applicants never receive an RFE, those who submit their applications without expert assistance may receive these requests and put
Registration for H-1B visas is open from March 1st through the 17th of this year. However, registering is just the first step in a much longer process. Before a registrant can begin the application process, they must be chosen in the annual H-1B lottery. This lottery system is the most equitable way USCIS has found to manage the influx of
As of noon eastern time on March 1st, USCIS has officially opened the registration period for H-1B visas for fiscal year (FY) 2024. The registration period lasts through noon EST on March 17th, and late registrations will not be accepted unless the registration cap is not reached. During the registration period, prospective applicants and their representatives can submit their information
The H-1B portability provision has now been in place for several years. USCIS has refined the portability process over this time, as have the expert immigration attorneys at Litwin & Smith. With the knowledge and experience we’ve gained regarding H-1B portability, we are returning to update this article to provide employers with our current suggestions for hiring H-1B employees already
Last year, the White House released an announcement stating, “The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and technological competitiveness.” This statement was made in connection with several systems intended to clarify the visa processes for STEM workers, and confirmed that the administration intends to continue making
In January, U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule that would significantly alter fee structures for many visa applications. The USCIS proposal is intended to cover the costs associated with these applications, as the agency is primarily funded through filing fees. According to the announcement, USCIS thoroughly reviewed the costs associated with immigration and naturalization applications of
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) has settled a lawsuit that could ease burdens on H-1B and L-1 visa recipients and their families. The recent settlement of Edakunni v. Mayorkas could significantly reduce work authorization processing times for spouses of these visa beneficiaries. The case focused on the 2019 decision to “unbundle” the
Significant layoffs in the technology industry have put pressure on many current H-1B visa holders who have just been let go. Employers who choose to fire a worker in the country on an H-1B visa release their sponsorship. As such, the employee’s visa no longer allows them to remain in the country until its original expiration date. Once they have
The employers’ step-by-step guide to
THE H1-B PROCESS
FY2024
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