Stay up to date on the most recent news and requirements for visas
If an RFE arrives instead of approval, that means your H-1B petition did not make the clear case that they job, the employer, and the beneficiary met eligibility requirements. Someone dropped the ball. The key to answering this RFE is to find out who it was – not to place
Specialty occupation and wage level issues have become a scourge for H-1B applicants. Over the past few years, USCIS has changed the way it adjudicates the specialty occupation requirement. This year the wage level component has become a heated legal issue with the AILA representing five tech and medical nonprofits
To be eligible for H-1B status, a beneficiary must hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job. Beneficiaries run into education issues when the beneficiary does not have the required US degree in the exact field of the H-1B job and
Five tech and medical nonprofits represented by the American Immigration Lawyers Association are suing the Biden Administration in an effort to block the wage level preference final rule from going into law December 31st, 2021. The lawsuit filed in a Washington, DC US District Court stated: “It will have a
The fight against the proposed final rule that would give preference to H-1B applicants with the highest wages is heating up. The American Immigration Lawyer’s Association is representing five nonprofits from tech and medical industries to sue the Biden Administration to block this rule from being finalized. What does that
Every year, H-1B applicants file completed petitions only to receive an RFE…with EVERYTHING in it. Complex RFEs that take issue than more than one requirement area have become increasingly common over the past decade and are expected to continue to arrive. It may seem like you have to rewrite the
Specialty occupation issues are likely to be a common RFE trigger again this H-1B filing season. These issues arise when the beneficiary’s job does not ALWAYS require a minimum of a bachelor’s degree or higher according to its entry in the US Department of Labor’s Occupational Outlook Handbook. Even if
Over the better part of the past decade the rate of H-1B RFEs – including complex RFEs like the Triple Threat and the Nightmare – have been high. At CCI TheDegreePeople.com we work with difficult cases and RFEs every year and have identified red flags that USCIS adjudicators are looking
USCIS completed the randomized H-1B cap-subject lottery, selecting enough registrations to meet the 65,000 regular cap and the 20,000 advanced degree cap. Selection status can be accessed through the registrant’s myUSCIS account. If selected, it will say “selected.” If the petition has been accepted but not selected in the lottery,
H-1B electronic registrants selected in the lottery are being notified by USCIS starting TODAY. That means it’s time to get filing. Complete petitions will start being accepted tomorrow and time is of the essence. We anticipate high levels of RFEs again this year. Even with the change of administration, specialty
