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The notorious Specialty Occupation RFE has become a perennial roadblock to H-1B approval for applicants in positions that normally but NOT ALWAYS require a bachelor’s degree minimum.  Often, this issue grows into a Double RFE when the job is set at Level 1 Wages, causing applicants to revisit both specialty occupation and wage level requirements. […]

To meet H-1B eligibility requirements, a job situation must entail an employer-employee relationship.  This essentially means that the employer has the right and ability to control the work of the employee.  Specifically, the employer may, “hire, pay, supervise, or otherwise control the work of any such employee.” Although this seems like a straightforward requirement, petitioners […]

To meet H-1B eligibility requirements, a job situation must entail an employer-employee relationship.  This essentially means that the employer has the right and ability to control the work of the employee.  Specifically, the employer may, “hire, pay, supervise, or otherwise control the work of any such employee.” Although this seems like a straightforward requirement, petitioners […]

Over the better part of the last decade, computer programmers have been running into H-1B eligibility issues for the first time.  This is because according to the Department of Labor’s Occupational Outlook Handbook, entry level computer programmers can qualify for a position with just an associate’s degree.  This is the exception, not the norm, as […]

The Biden Administration announced that marriage-based Green Card interviews are waived under the following circumstance: This policy follows the logic – that has been obvious to most of us for a LONG time – that if everything is in order and checks out at the Service Center, then the foreign-born spouse is eligible for a […]

Petitioners selected in the FY 2024 H-1B lottery have been notified and have 90 days from the date of notification to file complete petitions.  We are a couple weeks into filing season and there is no time to waste! While the rate of RFEs has dropped, applicants are still running into issues due to strict […]

USCIS has announced that the FY2024 H-1B cap-subject lottery is complete.  They have not released news regarding registration numbers and data, however those selected to submit complete petitions have been notified. Currently, it is predicted that between 550,000 and 600,000 electronic registrations were filed.  These are record numbers, continuing the trend which accelerated with the […]

Filing season for all H-1B applications subject to the annual cap is coming right up.  There are 85,000 annual H-1B visas available for highly skilled foreign workers in specialty occupations, 20,000 reserved for applicants with master’s degrees or higher.  Last year, USCIS received 484,000 registrations.  USCIS selected 127,600 to submit complete petitions.  This year, again […]

The Biden Administration’s Proposed Rule, U.S. Citizenship and Immigration Services Fee Schedule Changes to Certain Other Immigration Benefit Request Requirements, CIS No. 2687-21; DHS Docket No. USCIS 2021-0010 is scheduled to be read on January 11, 2023 for a listening session with the final rule and changes taking effect after a 60-day public comment period.  […]