Category Archives: USCIS

Walk the Walk: H-1B Employment Must Be Non-Speculative

by Brian Halliday On the heels of their newly modified mission statement rejecting the United States as a nation of immigrants, instead shifting emphasis to “protecting Americans, securing the homeland, and honoring our values," U.S. Citizenship and Immigration Services (USCIS) recently issued a 7-page policy memorandum affecting placement of H-1B workers at third-party worksites. The…
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Elimination of H-4 Spouse Work Authorization on the Horizon

The Federal government recently released its Regulatory Agenda for Fall 2017. In that agenda, the Department of Homeland Security made its first concrete statement that the agency plans to remove the provision regarding work authorization for H-4 spouses from the regulations. A Notice of Proposed Rulemaking (NPRM) is expected in February 2018. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC15 Other changes…
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Export Control Issues in H-1B/L-1 Petitions

The Form I-129 is used to apply for most employment-based nonimmigrant classifications. New text added to the form a few years ago reads as follows: With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations…
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H-1B News

Another H-1B cap season has come and gone, and USCIS is busily unpacking thousands of H-1B petitions as we speak. But USCIS has not been idle while they waited for the influx of new petitions. Yesterday, the agency announced two new initiatives to deal with "fraud and abuse" in the H-1B program. The first steps…
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