Immigrantly

Immigration thoughts from an Immigration Lawyer.


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New Rule for High Skilled Worker

On November 18, 2016, the USCIS announced its Final Rule for the proposed rule announced almost a year ago, affecting certain employment-based immigrants and high skilled non-immigrant workers. This Final Rule will become effective on January 17, 2017. For most parts, the new rules are beneficial for those affected. The followings are some of the highlights of the new rules.  Continue reading


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Proposed New Rule for High Skilled Worker

[Update]: The Final Rule of this proposed rule was announced on November 18, 2016. For details, please see “New Rule for High Skilled Worker“.

On the last day of 2015, the USCIS announced a “Proposed Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Visa Programs” and asked for public comments. These rules, if become law, will greatly benefit the high skilled non-immigrant workers as well as those applying for green card. The followings are some of the highlights of the proposed rules.   Continue reading


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Who is responsible for H1B fees and Green Card fees, the employer or the employee?

Most visa categories and green card categories do not have requirements as to who must pay the fees associated with the application. However, H1B and PERM (EB2 and EB3 categories) are the exceptions. Immigration laws require that the employer (sponsor) pays at least a portion of the fees. This not only increases the burden on employers, but also puts burden on potential employees who are desperately trying to get a job offer.  Continue reading


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New H1B Rule: Amended petition is needed when you change your work location

on July 21, 2015, USCIS published its “Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC.” Under this new rule, whenever a company wants to relocate its H1B worker(s) to a different metropolitan statistical area (MSA), the company must file not only a new Labor Condition Application (LCA) with the Department of Labor, but also an amended or new H1B petition with the USCIS. This new rule is based on USCIS’ Administrative Appeal Office (AAO)’s recent precedent decision, Matter of Simeio Solutions, LLC on April 9, 2015. Continue reading


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New H1B Rule: Amended petition may be needed when you change your work location

[Update] On July 21, 2015, USCIS published its final guidance regarding this issue. Check the final guidance here.

It had been the rule that whenever a H1B worker changes work location to a different metropolitan statistical area (MSA), the employer had to refile a Labor Condition Application (LCA). Now, the new rule requires that the employer not only refile a LCA with the Department of Labor, but also file an amended H1B petition with the USCIS. This new rule is based on USCIS’ Administrative Appeal Office (AAO)’s recent precedent decision, Matter of Simeio Solutions, LLC on April 9, 2015. Continue reading