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Computer Programmers and H-1B RFEs

Apr 26, 2023

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 […]

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Don’t Wait to Get Your Marriage-Based Green Card!

Apr 19, 2023

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 […]

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Three Common H-1B Eligibility Issues to Look Out For

Apr 13, 2023

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 […]

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The FY2024 H-1B Lottery is Complete – What’s Next?      

Mar 27, 2023

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 […]

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FY 2024 Cap-Subject H-1B Filing Season Timeline

Jan 31, 2023

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 […]

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Proposed Rule to Hike Employment-Based and H-1B Visa Fees

Jan 6, 2023

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.  […]

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Case Study: How to Beat a Nightmare RFE

Dec 28, 2022

Complex RFEs are a perennial issue facing H-1B applicants.  With the New Year right around the corner, it’s time for H-1B beneficiaries and their sponsors to start to work out the logistics of their cases.  This should include strategies to prevent complex RFEs. These occur when USCIS sees one red flag in a petition which […]

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Laid Off H-1B Meta Workers Scramble for Solutions

Nov 15, 2022

When Meta laid off 13% of its work force this month, many of those 11,000 employees had their H-1B visas rendered invalid.  They now have two months to either find another job under H-1B status, apply for a different visa, or leave the country.  Some were traveling abroad at the time and cannot legally return […]

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Who is Really Smuggling Fentanyl into the United States?  Not Immigrants, Documented or Not

Nov 7, 2022

The opioid crisis in the United States continues to claim lives every day, and a primary culprit of the mortality rate of this crisis is fentanyl.  Fentanyl is a synthetic opioid 100 times more potent than morphine, classified as a Schedule II substance.  While it can be prescribed under close medical supervision to patients with […]

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