H-1B visa

H-1B Visa

Where Do H-1B Visas Go?

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…

H-1B Visa

April 1 for H-1B Visa Petitions

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

H-1B Visas and Taxes

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…

Non-immigrant Visa

L-1A vs H-1B Visas

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…

H-1B Visa

Key to H-1B Petitions: Employer-Employee Relationship

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…

H-1B Visa

Broadgate et al. v. USCIS: The Injunction

This is part two of the four-part blog series reviewing a lawsuit (Broadgate et al.) that was filed with the District of Columbia Federal court challenging the H-1B Neufeld Memo. In the first blog we discussed the complaint filed in court. This blog will detail the Application for Preliminary Injunction filed by the plaintiffs. Broadgate…

H-1B Visa

Broadgate et al. v. USCIS: The Complaint

This is part one of a four-part blog series which will provide an insight into a lawsuit (Broadgate et al. v. USCIS) which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo which had an impact on H-1B applications in the US including Columbus, Ohio and Troy, Michigan. Broadgate…

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