Applying for Spouse after H-1B Approval

Question details

I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Notice of Intent to Deny for R-1 Petition

Question details

After an onsite inspection of our facility was conducted, we received a “Notice of Intent to Deny” for our R-1 petition. Is this an actual denial of the petition, or is there any other action that we can take to try to still have the petition approved?

If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a “Notice of Intent to Deny” the petition.  The petitioner may submit additional documentation to rebut the derogatory evidence.  If the petition is then denied, the denial may be appealed to the USCIS Administrative Appeals Office.

Sufficient Evidence of an Employer-Employee Relationship

Question details

We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.

If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time pe

Posting a Notice of Filing of LCA

Question details

Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?

Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.

CBP Urges Travelers to Prepare for Holiday Traffic

U.S. Customs and Border Protection (CBP) at the Blue Water Bridge want to remind the traveling public to have proper travel documents, and plan for a possible increase in traffic over the Victoria Day (May 17-20) and Memorial Day (May 24-27) weekends.

 

“During the holiday weekends, we will continually monitor traffic and wait times and adjust staffing accordingly to help with traffic flow while upholding our border security mission” said Port Director David Dusellier.

 

USCIS Announces Expansion of Entrepreneurs in Residence Initiative

WASHINGTON—In just over one year, U.S. Citizenship and Immigration Services’ (USCIS) innovative Entrepreneurs in Residence (EIR) initiative has produced real benefits that will strengthen agency policies and practices relating to job-creating immigrant entrepreneurs who help advance American economic growth.