News & Resources
Posted April 21, 2015 Monthly Newsletters
Our April Monthly Newsletter is now available.
This month we cover the following subjects:
- Precedent Decision Requires Employers to File New H-1B Petitions When Employees Change Work Locations
- H-4 EAD Rule Will Be Implemented May 26th
- H-1B Cap Premium Processing Will Begin on April 27th and Conclude May 12th
- Consider H-1B Cap Alternatives Now
Like many immigration attorneys, I too often have the frustrating and disappointing experience of explaining to enthusiastic entrepreneurs that there are no good visa options available to them to pursue a new business in the US. These entrepreneurs are often shocked that given the innovation the American economy is known for that there are no visa options available to them.
I am happy that FWD.us is highlighting this terrible weakness in our immigration laws and is pushing for solutions as part of a compehensive immigration reform effort. FWD.us recently published a compelling brief with new ideas for how to create new visa options for entrepreneurs.
Posted April 16, 2015 Articles, H-1B
For several years we have struggled to advise clients on whether a new H-1B petition needs to be filed when an employee changes work locations. Recently, the USCIS clarified the issue in a precedential decision. It is now clear that companies must file amended H-1B petitions in most situations when employees change work locations.
Posted April 15, 2015 H-1B
USCIS will utilize an April 27th start date for reviewing H-1B cap petitions filed with premium processing. This means that the first round of review for these cases will conclude by May 12th. USCIS had previously announced an H-1B premium processing start date of May 11th. The delayed start date is established so that USCIS has sufficient time to review all of the H-1B cap cases filed with premium processing service.
Posted April 14, 2015 Visa Bulletin
The May 2015 visa bulletin has been published by the Department of State. EB-2 India will move ahead 7 months to April 15, 2008. EB-2 India has moved 14 months and EB-3 China has moved 4 months. EB-3 for Mexico and all other countries functionally makes the category current given the time it takes a PERM to be certified by the Department of Labor.