In general, any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria: -Hold the equivalent of a U.S. bachelor’s degree – Plan to perform H-1B-caliber work or training – Will be paid only…
A recent new Bill S. 823 would permit aliens who lawfully enter the United States on valid visas as nonimmigrant elementary and secondary school students to attend public schools in the United States for longer than 1 year if such aliens reimburse the local educational agency that administers the school…
Where is this taking us? An Arizona-style immigration bill cleared the Georgia legislature last week and needs only the governor’s signature to become law. The legislation would give police authority to question suspects about their immigration status. It would also require many private employers to check the immigration status of…
American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) argued recently in an amicus brief—the government may not arrest H-1B employees for whom timely-filed extension applications remain pending. The decision in El Badrawi v. United States, by U.S. District Judge Janet C. Hall, correctly recognized that a federal…
Whenever you hear about H-1B visa, you hear the term “specialty occupation”. So, what does “specialty occupation” mean? Why is it important to prove that the proposed position is a “specialty occupation” in order to qualify for the H-1B? What role does the Occupational Outlook Handbook (OOH) published by the…
In an effort to fight fraud and abuse in the L1 and H1B programs, U.S. Citizenship and Immigration Services (USCIS) is implementing a program known as Validation Instrument for Business Enterprises (VIBE). VIBE is a web-based tool that will allow the USCIS to corroborate certain basic information about a company…
Major defeat for Anti Immigration supporters. The Ninth Circuit upheld today a lower court’s block of much of Arizona’s controversial SB 1070 law aimed at illegal immigration. A three-judge panel of the Ninth Circuit Court of Appeals ruled that the lower court “did not abuse its discretion” in blocking parts…
U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011. USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual…
Many readers were emailing us for an update on the Visa Waiver overstay saga. Here is the latest: Our Lawyer’s Association and all fellow attorneys are concerned that USCIS has not yet provided guidance to the field with respect to the eligibility of an alien who was admitted under the…
It has been 5 days now since the H1B season started and there is no indication whether the H1B Cap was reached on the first day or not. The stakes are higher this year as the economy rebounds. According to computer world, some law makers think that the cap should…