USCIS Meets H-1B cap – Lottery Will be held

As expected USCIS announced today that it has received sufficient H-1B application to meet the H-1B cap as well as the Master’s Cap.  Therefore USCIS will conduct a lottery later this month to determine which cases will be accepted for the cap, and which will not, and will be returned with their fees.   All

H-1B Extensions and RFEs

Maybe this scenario sounds familiar:  You file for an H-1B for an employee, and get it  approved for them to work for you for 3 years. At the end of the 3 years you file a renewal for your employees H-1B.  Instead of a straight approval this time, however, USICS requests additional evidence as, according to

H-1Bs: Can an Employment Contract Termination clause require the Employee to pay H-1B fees?

Here is the scenario:  An H-1B employee works for Employer A.  The employee receives a better off from Employer B, and Employer B files an H-1B transfer for them.  When the employee informers Employer A about the new filing, Employer A tells them that, per their employment contract, since they left prior to two years expiring

H-1B Process: The LCA

Every employer who wants to sponsor an immigrant for an H-1B has to file, and get certified, a Labor Condition Application (LCA).  But what is the LCA and why is it important?  The LCA has two specific purposes.  First, it is there to make sure that foreign workers are not paid wages that are lower

H-1Bs: Is there a minimum wage I need to pay my employees?

Under the H-1B statutes and regulations there are two concepts related to the wages that are required to be paid:  The “prevailing wage” and the “actual wage”.  The “prevailing wage” is general determined by the Department of Labor (DOL) through a prevailing wage request submitted online which details the job duties, educational and experience requirements,

H-1Bs – Who has to pay?

Many employers would prefer not to pay for the H-1B process for their employees that they agree to sponsor.  It can be an expensive process, and it would ease the concern of many employers if they did not have to foot all of the bill.  Alternatively, some employers want to be able to recoup those fees

USCIS begins returning H-1B applications not Selected in Lottery

USCIS has begun returning H-1B application for cases that were not lucky enough to be picked for the random audit. If you do not recall, USCIS received more application in the first week of H-1B availability than it had visas for. Therefore, USCIS pooled all applications received during the first 5 business days and conducted

%d bloggers like this: