Starting in 2020, U.S. Citizenship and Immigration Services (USCIS) started a new process employers must go through to apply for H-1B cap visa petitions. The electronic H-1B registration process is a preliminary step an employer must complete now (deadline March 25) before they can file H-1B visa petitions on behalf of foreign nationals with specialized…
The electronic H-1B registration process is a preliminary step an employer must complete now (deadline March 25) before they can file H-1B visa petitions on behalf of foreign nationals with specialized degrees (also known as “requested workers”) who have never had H-1B status. To register, you must have a myUSCIS account. Here’s a quick guide…
The most important thing to know about obtaining employment in the U.S. and obtaining an H-1B work visa is that you should contact an experienced Dublin immigration attorney for sound legal guidance and assistance as you seek to obtain the visa. U.S.-based employers who act as H-1B visa sponsors – and those who would like…
Our prosperity in the United States is built on the renegade, risk-taking spirit of innovation and invention. A new business is an expression of belief – the confidence that “we can make it” in the United States. But there seems to be a computer programmer shortage. Historically, wave after wave of immigrants have put their…
In January 2010, the senior executives at Molina Healthcare, located in Long Beach, California, conducted a staff meeting. Dozens of people in Molina’s IT department would have to be laid off, the executives announced, because the company had done so poorly in the preceding quarter. What the laid-off employees did not suspect at the time…
It’s a deadline that’s approaching fast. U.S. Citizenship and Immigration Services (USCIS) receives H-1B visa petitions each year beginning on April 1, and with only 65,000 H-1B visas available, April 1 is the date that those applications must be received by USCIS. Across the U.S., employers are right now determining their H-1B needs for fiscal…
H-1B visa holders are taxed on their income in one of two ways: Those categorized as “non-resident aliens” are taxed only on the income they earn in the United States Those categorized as “resident aliens” are taxed on income earned both in the U.S. and elsewhere. Non-resident Alien A non-resident alien must complete tax form…
These days, there are many questions about the differences in visas available for immigrants. Understanding those differences can get confusing and frankly, overwhelming. For instance, what is the difference between L-1A and H-1B visas? If you are not sure, you are not alone. Let’s review what visa class may be right for you, as well…
Ten months after the release of the Neufeld Memo focusing on the employer-employee relationship aspect of the H-1B petition, the U.S. Citizen and Immigration Services (USCIS) appears to have retreated to a more reasonable interpretation of the common law relationship. Focusing on the correct concept of “Right to Control” rather than the original unsupported position of…
This is the conclusion of the four-part blog series that detailed a lawsuit which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo. The first three blogs discussed the complaint that was filed in court, the motion for preliminary injunction that was filed by the Plaintiffs, and the response…