H-1B employers sue USCIS alleging that lottery regulations are invalid

Two companies have sued the U.S. Citizenship and Immigration Services (USCIS) seeking to set aside the current H-1B visa lottery system. The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, …

Read More

Congress permits additional H-1B and L-1 Fees to sunset

An additional fee that employers were required to pay for certain H-1B and L-1 visa petitions is no longer required as of Oct. 1, 2015, as Congress allowed the provision requiring the fees to expire. Public Law 111-230 was signed into law by President Barack Obama on Aug. 13, 2010. The law directed up to …

Read More

USCIS issues final guidance on when to file an amended H-1B petition

U.S. Citizenship and Immigration Services (USCIS) has issued final guidance regarding when an amended H-1B petition must be filed, after USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC. Matter of Simeio Solutions, LLC concerns the H-1B visa classification, a nonimmigrant category which permits a U.S. employer to employ a …

Read More

Employers to file amended LCAs and H-1B petitions if H-1B work locations change

The USCIS Administrative Appellate Office issued a precedent decision holding that an amended H-1B petition is required whenever the work location of an H-1B worker changes. An H-1B visa is a nonimmigrant visa classification that allows a U.S. employer to temporarily employ a foreign worker in a specialty occupation that requires at minimum a baccalaureate …

Read More