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

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

San Francisco Immigration Law Blog

Why am I receiving an RFE for my H-1B visa petition?

You worked with your boss to submit your H-1B employment visa petition. A couple months have gone by, and now – instead of receiving your H-1B approval – the United States Citizenship and Immigration Services (USCIS) has sent you something called an RFE. Why have you received this, and is it cause for concern? What is an RFE? A Request

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USCIS reaches H-1B cap Litwin & Smith ready to file your H1B Petition

  A sufficient number of registrations have been received for the United States Citizenship and Immigration Services (USCIS) to fill its annual allotment of H-1B nonimmigrant specialty employee visas for the upcoming fiscal year. The agency caps applications at 85,000 – 65,000 for foreign nationals with a bachelor’s degree, and 20,000 with a master’s or higher. The USCIS says it

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New application process for H-1B visas begins March 1

A new electronic registration process for the overhauled H-1B visa system is now ready for the fiscal year 2021 lottery. The U.S. Citizenship and Immigration Services (USCIS) says the new system is an easier-to-use streamlined process. The USCIS says the new electronic system will reduce paperwork and save employers money when petitioning for H-1B visas. Under a simplified online process,

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Pregnancy is no longer considered a pleasure for B visa holders.

Trump has recently announced its changes to the B-1/B-2 tourist visa in its effort to “eliminate the criminal activity associated with the birth tourism industry.”  Trump has recently announced its changes to the B-1/B-2 tourist visa in its effort to “eliminate the criminal activity associated with the birth tourism industry.” According to the administration “an entire “birth tourism” industry has

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H-1B visas in 2020: More expensive and more stringent?

The H-1B visa program has already been the subject of some high-profile change. That includes the new electronic registration requirement with $10 fee, its impact on the lottery and reports of ever-increasing application denials. The tumult may not end any time soon. Two proposed rules could alter the H-1B visa process even further. Tightening the definition of ‘best and brightest’

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EXPERT ASSISTANCE WITH THE NEW H-1B CAP PETITION REQUIREMENTS

On December 6, 2019, USCIS announced that employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS. USCIS Introduces its new Electronic Registration System Under this new process, employers seeking H-1B visa workers subject to the

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Immigrants to be denied visas if they can’t afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States. The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American

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Immigrants to be denied visas if they can’t afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States. The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American

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USCIS Seeks to Limit EAD for Foreign Nationals Paroled Into the US

Litwin & Smith recommends that you maintain your H-1B. Adjustment of Status EAD cannot be relied upon. U.S. Citizenship and Immigration Services (USCIS) issued a immigration policy alert on August 19, 2019, stating that USCIS is enhancing its adjudicators’ discretion to grant or deny work permits to foreign nationals paroled into the United States under INA 212(d)(5). This policy change

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DHS will perform site visits to STEM OPT employer locations.

Until recently a provision in the May 2016, STEM OPT regulation was not enfored. Current immigration policy (81 FR 13039) clarifies DHS discretion to conduct employer site visits at worksites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences. While DHS had the

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