DOL and DHS Promise to Detect Fraud in Worker Visa Programs

A number of technology companies rely heavily on foreign workers — and the H-1B program — to fill positions requiring specialized, highly trained employees. However, a recent executive order asking for an overhaul of the H-1B program is beginning to take effect, and it could become increasingly difficult for tech companies to easily and affordably obtain a skilled workforce. Moreover, [...]

By |2017-08-02T10:46:55-07:00August 2, 2017|

H-1B Facing Reforms Following Buy American Hire American Executive Order

On April 18, President Trump issued an executive order, “Buy American and Hire American,” in which he expressed a desire to overhaul the current H-1B program which grants visas to highly-skilled foreign workers who seek employment in specialized fields. The order, though not specific in details, works in two parts: The first part, Buy American, mandates that a certain amount [...]

By |2017-05-09T15:59:27-07:00May 9, 2017|

USCIS to Suspend Premium Processing for H-1B Petitions

United States Citizenship and Immigration Services announced recently that it is temporarily suspending premium processing for all H-1B petitions starting on April 3. This means that petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker that requests H-1B status. Per USCIS, the suspension could last up [...]

By |2017-03-10T09:52:38-07:00March 10, 2017|

H-1B Season is Here! Applications Open April 3

It’s H-1B season, and as a reminder, the H-1B visa is for professional workers coming to work in specialty occupations. Congress only allocates 65,000 visas per year and an additional 20,000 for individuals with an advanced degree from a United States university who have not previously been counted against the cap. The H-1B is often the visa of choice for companies [...]

By |2017-02-13T14:52:09-07:00February 10, 2017|

DHS Publishes Final Rule Easing Regulations for Highly-Skilled Foreign Workers

The Department of Homeland Security issued a final rule amending its regulations related to highly skilled immigrant and nonimmigrant workers. The changes, which are aimed at improving the process for U.S. employers and providing greater stability for foreign workers, went into effect on Jan. 17, 2017.  Much of this regulation creates formal regulations around long-standing USCIS practices, effectively giving these practices [...]

By |2017-01-20T09:48:58-07:00January 18, 2017|

USCIS Completes Lottery Processing of Record Number of H-1B Visa Applications Filed in 2016

U.S. Citizenship and Immigration Services recently announced that they have completed the process of data entry and providing receipts for H-1B applications selected in this year’s H-1B lottery.  As expected, applications for H-1B visas for U.S. organizations exceeded the allocated supply significantly. U.S. Citizenship and Immigration Services, the agency that handles applications for the visas, announced it received more than 236,000 [...]

By |2016-12-27T11:06:25-07:00May 9, 2016|

Department of Homeland Security Issues Final Rule Expanding F-1 STEM OPT Program

On March 10, the Department of Homeland Security issued a new rule for the science, technology, engineering and mathematics (STEM) optional practice training program (OPT) under the F-1 educational visa. This rule is in response to the August 2015 ruling declaring the old STEM extension program to be invalid. The current rule will be vacated on May 10, 2016, and [...]

By |2016-12-27T11:06:27-07:00March 15, 2016|

USCIS Publishes Proposed Rule Related to Employment-Based Immigrant and Nonimmigrant Visa Programs

While most people were preparing to ring in the New Year on Dec. 31, United States Citizenship and Immigration Services was busy publishing a hefty proposed rule that, according to the agency, will modernize and improve certain aspects of employment-based nonimmigrant and immigrant visa programs if finalized. It’s important to note that the proposed rule, spread over more than 40 [...]

By |2016-12-27T11:06:28-07:00January 20, 2016|

H-4 Dependent Spouses May Apply for Employment Authorization

Pursuant to the proposed rule published by U.S. Citizenship and Immigration Services in May 2014, as of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants are able to file an Application for Employment Authorization. This action will make it possible for dependent spouses of highly skilled foreign workers to become employed in the U.S., thus making it easier [...]

By |2016-12-27T11:06:38-07:00June 2, 2015|

H-1B Visa Process Begins, with More Petitions than Visas Expected

U.S. companies, including many Colorado employers such as universities, research and technology companies seeking skilled workers, began the process of applying for 65,000 H-1B visas available for foreign workers who can fill jobs in technical fields.  Another 20,000 skills-based visas are allocated for foreign nationals with advanced degrees from U.S. universities. These visas are coveted by companies, with more petitions [...]

By |2015-04-07T09:59:38-07:00April 7, 2015|