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USCIS Announces H1-B policy on “Computer Related Positions”

On March 31, 2017, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum titled “Rescission of the December 22, 2000 ‘Guidance Memo on H1B Computer Related Positions.’” The USCIS issued the memo after noticing the potential for inconsistencies between service centers in processing H1B applications for computer related positions.  USCIS issued the memo…
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Increased Vetting for U.S. Visas

The increased scrutiny some visa applicants will face at U.S. Embassies and Consulates will require the following information:     The applicant’s travel history over the last 15 years;  The names of any siblings/children/former spouses not recorded in the DS-160/260; The applicant’s addresses during the last 15 years, if different from the applicant’s current address; Applicant’s…
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Who Pays the Costs of Returning a Terminated H-1B Employee to Their Home Country?

To effect the termination of the H-1B employer-employee relationship prior to the expiration date of the H-1B petition, an employer is obligated to: notify the H-1B worker of the early termination; notify the U.S. Department of Homeland Security of the termination date; and provide the H-1b worker with payment of the return transportation to her…
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Demonstrating that an Employer-Employee Relationship Exists for H-1B employers.

An H-1B petition requires that a valid employer-employee relationship exists for the validity of the H-1B petition. The Department of Homeland Security has indicated that a valid employer-employee relationship is determined by examining whether the U.S. employer “has the right to control the beneficiary’s employment”.

Automatic EAD Extensions

According to Final Ruling of “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Non-immigrant Workers” automatic extensions of the validity periods of certain Employment Authorization Documents (Form I-766) will be allowed for up to 180 days for individuals who: • Timely filed to renew an Employment Authorization Document (EAD); •…
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