Category: H-1B, L, and E

The Department of Labor’s Administrative Review Board held an employer liable pursuant to the employer’s obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA). The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA. Conclusion: H-1B Employers must be careful to carefully fulfill […]

On January 2010 USCIS issued a memo (commonly referred to as the Neufeld H-1B memo -click to read it) adding requirements for H-1B petitions that are not permitted by H-1B regulations. Now employers are prohibited from placing H-1B workers at client worksites in many situations and many employer-owned businesses cannot file H-1B petitions. The memo and its effect on H-1B adjudications has been problematic for many employers […]

H-1B Cap Count for Fiscal Year 2011 (Updated May 2010) FY 2011 H-1B CAP COUNT Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 18,000 5/6/2010 H-1B Master’s Exemption 20,000 7,600 5/6/2010 There are only 65,000 H-1B allowed each year under the regular cap and 20,000 under the Master’s exemption.  There are […]