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H-1B

USCIS Response to COVID-19

Effective May 17, 2021, USCIS will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539 to request an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. The suspension will apply through May...

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DOL ADVISES ON H-1B REGULATIONS IN LIGHT OF COVID-19 OUTBREAK

DOL regulations require employers to continue to abide by the labor conditions to which they agreed when filing the H-1B petition. These are the terms set forth in the underlying ETA Form 9035, Labor Condition Application (LCA). More relevantly, these concern payment...

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H-1B Amendment Guidance — May 22, 2015

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. This memo outlines the kind of location change requiring H-1B amended filings.

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  • Calif. Judge Says Rescinded Visa Ban Moots Lawsuit July 23, 2021
    A California federal judge dismissed visa seekers' legal challenge to a now-rescinded Trump-era order that blocked them from moving to the U.S. on new green cards, saying there was no longer a live controversy after the Biden White House ended the ban.