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H-1B Visa

January 8, 2021
USCIS Issues Final Rule on H-1B Cap Selection Process

On January 7, 2021, U.S. Citizenship and Immigration Services (USCIS) published a final rule on the H-1B selection process for new petitions filed in 2021. This new process prioritizes petitions with higher wage levels for selection. Petitions that offer “Level IV” wages will be given the highest priority, and then to wage Level III, Level […]

January 5, 2021
Federal Court Rejects USCIS Interpretation of “Specialty Occupation”

On December 16, 2020, the Ninth Circuit Court of Appeals issued a decision on Innova Solutions, Inc. v. Baran, holding that the languages used by the Bureau of Labor Statistics’ Occupational Outlook Handbook (OOH) for the computer programmer occupation meets the H-1B “specialty occupation” definition. The OOH publishes information on many occupations and their requirement […]

December 25, 2020
H-1B Program under Biden-Harris Administration

A federal court recently struck down Interim Final Rules promulgated by the U.S. Department of Homeland Security and the U.S. Department of Labor (DOL). In October 2020, DHS and the DOL issued final rules that would materially change the H-1B program. The DHS’s “Strengthening the H-1B Nonimmigrant Visa Classification Program” Interim Final Rule revised the […]

October 5, 2019
Starting a Business in F-1 Status

F-1 students are not prohibited from investing in or having ownership interest in a business. However, students in F-1 status cannot be actively involved in the management of the business unless otherwise authorized to do so. This is because managing one’s own business is also regarded as employment, which would require authorization. An option for […]

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