Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.
From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.
The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.
Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account.
This guidance provides you with some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, USCIS has included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
For more visit this USCIS link: Understanding H-1B Requirements
FAQ: What if I never joined the employer who sponsored me for green card; What if I move back to home country while my green card process is still pending; Can I go back and join an employer who has my I-140 approval, but I left them; What if I move back to home country while my green card process is still pending; Filing two quota H-1 petitions simultaneously through different companies; Changing employers after 6 years of H-1 are over; H-4 EAD changing back to H-1; Do jobs have to be same or similar when I port my priority date; FAQ: Is it legal to do business in home country while working in USA on a visa; Consequences of I-140 revocation; Consequences of I-140 revocation.
Other: Extension of H-4 while I-485 is pending; Removing conditional status in a conditional green card through marriage I-751; H-1B issues; What to do/options if H-1 is denied; FAQ: Doing business in the USA on a B-1/B-2 visa.
USCIS posted new forms. These include:
Regional center compliance audits are an additional way to enhance EB-5 program integrity and verify information in regional center applications and annual certifications. Under this program, USCIS will collect case-specific data as part of a compliance audit.
USCIS recently updated the following form(s):
Update to Form I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian03/20/2017 01:42 PM EDT
New edition dated 03/01/17. Starting 05/19/17, USCIS will only accept the 03/01/17 edition. Until then, you can use previous editions.
For more information, please visit Forms Updates page.
USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for fiscal year (FY) 2017. March 13, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
What Happens After Reaching the Cap