How to Handle Employees on Cap Gap

            We’ve reached that time of the year again where employers of foreign student workers must navigate their employee’s work authorization while their H-1B quota petition is pending. Unfortunately, long wait times have become the new normal...

When is a person considered as counted against the H-1B cap?

            The H-1B nonimmigrant classification is one of the most common ways for a foreign national to come to the United States to work on a temporary basis. There is a limit on the number of available H-1B visas that can be issued in each fiscal...

USCIS Completes Data Entry for FY 2020 H-1B Cap Season

Today USCIS announced that it has completed data entry for all fiscal year 2020 H-1B cap-subject petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected in the lottery and will announce when they have finished...

What records are required to be kept for H-1B nonimmigrant employees?

Employers of H-1B, H-1B1, and E-3 nonimmigrant employees must comply with Department of Labor (DOL) requirements regarding record keeping. These records should be kept as part of the company’s H-1B Public Access Files (PAF) that are made available...

Final Rule Announced by DHS Regarding Changes to the H-1B Lottery

As you may recall from our previous article on November 30th the Department of Homeland Security (DHS) published proposed changes to the H-1B lottery procedure. This morning DHS posted its final rule regarding H-1B cap-subject petitions, which is scheduled...