Attorney Blog

New Guidance on H-1B Petitions for Third-Party Site Workers

New Guidance on H-1B Petitions for Third-Party Site Workers

The H-1B specialty occupation visa process has undergone another overhaul, at least when it comes to third-party workers.

Ekaterina PowellMarch 5, 2018H-1B Specialty Occupation Visa, Third-Party Workers, United States Citizen and Immigration Services, USCIS, Itinerary, Labor Condition Application, LCA, US, Employers, Employees, Business Immigration Attorney, San Diego, California, Los Angeles, San Francisco, Silicon ValleyComment

H-1B Wage Level 1 RFEs: Specific Actions to Take

USCIS has adopted the inappropriate practice of using wage levels to help determine whether a H-1B position is a specialty occupation. Here are some specific actions petitioners may take in securing a favorable outcome.

Ekaterina PowellJanuary 19, 2018H-1B Specialty Occupation Visa, Department of Labor, DOL, USCIS, United States Citizen and Immigration Services, Wage Levels, Labor Condition Application, LCA, Education, Employment-Based Visas, Degree, Business Immigration Attorney, San Diego, San Francisco, Silicon Valley, Los AngelesComment

Strategies for Combating Level 1 Wage RFEs for H-1B Petitions

Each and every argument USCIS uses in justifying its use of wage levels to determine an H-1B position's specialty occupation eligibility is propped up by flaws that, if appropriately expounded upon, may assist in obtaining a favorable adjudication.

Ekaterina PowellJanuary 16, 2018H-1B Specialty Occupation Visa, Department of Labor, USCIS, DOL, United States Citizen and Immigration Services, Wage Levels, Business Immigration Attorney, LCA, Labor Condition Application, San Diego, San Francisco, Los Angeles, Silicon ValleyComment