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
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
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
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
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
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
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
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
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
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
The employers’ step-by-step guide to
THE H1-B PROCESS
FY2024
5829 Stoneridge Mall Road, Suite 218,
Pleasanton, CA 94588
5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054
