Sample Itinerary

Below is a sample work itinerary for an employee working at a secondary job location. Itineraries of service such as the one below help demonstrate to USCIS that the petitioning company retains control of the employee, even when (s)he works on assignment with another company. The format below has not … Continue reading

Update: FY2013 H-1B Cap Season

USCIS has updated the FY2013 H-1B cap count. As of April 13, 2012, USCIS had issued receipts to 20,600 H-1B cap-subject applications . This number includes applications that are approved or remain pending, but does not include applications that have already been denied. USCIS has also receipted 9,700 H-1B petitions … Continue reading

Reducing the Cost of H-1B Fees: Can Employers Make Employees Pay?

In general, when an employer employing foreign nationals decides to make deductions from such an employee’s salary, the employer must be sure that doing so would not push the employee’s actual wages below the prevailing wage required by the labor certification. Exceptions are made for “authorized” deductions that are required by law and/or that are also made against the wages of U.S. workers similarly employed. Continue reading

Reusing an Approved Labor Certification When Refiling Subsequent to I-140 Denial

When filing an I-140 petition subsequent to the denial of a previously filed petition, the same labor certification may be used even if it has expired, provided that it was not expired at the time the original petition was filed and it was not invalidated for reasons of fraud or misrepresentation. Should a petitioner require a new copy of a labor certification, (s)he can request a duplicate copy from the Certifying Officer, with proof that a visa application or petition has been appropriately filed. Continue reading

USCIS Reminds Petitioners to Provide Approved LCAs

U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily … Continue reading