FY 2027 H-1B Cap Lottery: What Employers Need to Know (February 3, 2026)
This year’s H‑1B cap season will operate under a new regulatory framework that changes how registrations are evaluated. Early planning is critical to maximize the likelihood of H-1B lottery selection and minimize financial and compliance risk before the expected March 2026 registration period.
FY 2027 H-1B Cap Lottery: What Employers Need to Know Read More »
H-1B Updates Under the Final Rule Effective January 17th, 2025 (January 28,2025)
USCIS issued new rules for the H-1B program that went into effect on January 17th, 2025. Form I-129, Petition for a Nonimmigrant Worker will be required for all H-1B petitions beginning Jan. 17. This article gives an update on these rules as well as tips for applying as successfully as possible.
H-1B Updates Under the Final Rule Effective January 17th, 2025 Read More »
Maintenance of Status and Grace Periods for Nonimmigrant Workers (April 7, 2023)
Foreign nationals in the United States must maintain their status and lawful presence to remain compliant with U.S. immigration laws. Many nonimmigrants in the United States have an employment-related immigration status for them to perform a specific job and legally remain in the country. When nonimmigrants with employment-related status have their employment terminated, there may be uncertainty on if and how individuals can continue to remain in status and avoid accruing unlawful presence. There are several rules and options related to these occurrences.
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Crewmember (D) and Transit (C-1) Visas (November 4, 2021)
Crewmember (D) visas are nonimmigrant visas for workers aboard international airlines or commercial sea vessels in the United States. Crewmember (D) visas are for individuals who provide services required for normal operation and intend to depart the United States on the same vessel (or any other vessel) within 29 days. Traveling to the United States to join the vessel you will work on requires, in addition to a crewmember (D) visa, a transit (C-1) visa or a combination C-1/D visa. It is worth noting that attempting to apply for a green card and changing immigrant status directly from a C-1/D visa is not a possibility.
Crewmember (D) and Transit (C-1) Visas Read More »
O-1 and P-3 Visas: Options for Artists & Entertainers (July 24, 2021)
Are you an exceptionally talented artist, performer, athlete, academic, or entertainer? Are you looking to continue your craft in the United States temporarily? If so, you might qualify for an O-1 or P-3 visa.
O-1 and P-3 Visas: Options for Artists & Entertainers Read More »
PERM Labor Certification (October 2, 2020)
PERM Labor Certification is the process in which foreign nationals, in preference categories EB-2 and EB-3, can obtain an employment-based immigrant visa (Green Card). Before an employer can petition on behalf of a foreign worker, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL). Labor Certification is submitted by using ETA Form 9089. Labor Certification is the primary tool for the government to assess employment-based immigration cases. A successful Labor Certification will prove that there is a shortage of able, willing, qualified, and available US workers for the occupation in which the foreign worker is applying, and that the employment of the foreign national will not adversely affect the wages and the working conditions of US workers in the area of intended employment.
PERM Labor Certification Read More »
New H-1B Registration Process and Practical Tips (February 3, 2020)
It is no secret that the H-1B application process has undergone a number of changes over the last year, including a switch to a fully electronic registration, paying a registration fee, and changes to the lottery system. This article gives an update of what we know up to this point as well as tips for applying as successfully as possible.
New H-1B Registration Process and Practical Tips Read More »
The North American Free Trade Agreement (TN) Visa (June 25, 2019)
The North American Free Trade Agreement (NAFTA) integrated key sectors of the United States, Canadian, and Mexican economies. Central to that integration was creating a special visa category that allowed qualified Mexican and Canadian citizens to seek temporary admission into the United States to engage in business activities.
The North American Free Trade Agreement (TN) Visa Read More »
H-1B for Computer Programmers (December 22, 2018)
The Immigration and Nationality Act allows an employer to petition for an H-1B visa on behalf of an alien beneficiary if the alien beneficiary will be working in a “specialty occupation.” To qualify as a “specialty occupation” a job must require “theoretical and practical application of a body of specialized knowledge and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
Time passes, technology advances, and the USCIS under different administrations alters what qualifies as a specialty occupation. Reasonable minds can differ when occupations are in transition; however, the current industry standards and the OOH indicate that most computer programmers have a bachelor’s degree in a computer related field. Most should mean normal, which is the H-1B standard.
H-1B for Computer Programmers Read More »
Third-Party Worksites (June 8, 2018)
An H-1B work visa is appropriate if two primary conditions are met. First, an employer must be able to demonstrate its need for a qualified worker to fill a specialty occupation. Second, a valid employer-employee relationship must exist throughout the duration of the H-1B visa residency. For a more detailed discussion of the first requirement please see our previous articles.
The petitioner (sponsoring employer) carries the burden of proving that a valid employer-employee relationship will exist for the duration of the beneficiary’s (foreign national’s) residency. Usually, a valid employer-employee relationship will exist if the petitioner retains the right to control the daily tasks, the work production, and is able to hire, fire, and pay the beneficiary.
Third-Party Worksites Read More »
