Employer Alert: Difficulty Receiving EADs in the Mail

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If a foreign national is reporting difficulty getting an EAD in the mail, consider these two common issues.

There must be someone present to receive the EAD. When no one is home, the post office returns the EAD to USCIS. If you are expecting an EAD, make arrangements with your post office to ensure delivery.

If a foreign national moves, you must notify USCIS promptly. Otherwise, the EAD might not be delivered at all. It is not enough to register the address change with the post office. You must do so directly with USCIS.

FAQs about the New Rule’s Impact on H-1B Cap Exemptions

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The H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April.

One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be considered a cap-exempt organization or whether a foreign national could qualify to work concurrently for both cap-subject and cap-exempt organizations.

The new High-Skilled Workers rule has made some notable changes to the H-1B cap exemption requirements. Some of them are beneficial, while others are more limiting. Here is what you need to know about the new regulations. Continue reading

Employer Alert: Trump’s Budget and E-Verify

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The President’s budget allocates $15 million to “begin implementation of mandatory nationwide use of the E-Verify Program.”

EVerify is a government web-based system that compares information from the Form I-9 to data from US government databases to confirm the applicant’s work eligibility. Currently, participation is primarily voluntary.

The President will need Congress approval to mandate EVerify nationwide. Senator Charles Grassley has re-introduced legislation to authorize a national EVerify program.  Continue reading

Immigration Success Story: Cap-Exempt H-1B for Skilled Workers and Professionals

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The Marks Gray Immigration Team regularly helps employers who qualify for cap-exempt H-1B visas. This month, we are highlighting the success story of a college and a mathematics professor from Ethiopia.

The H-1B allows US employers to employ foreign workers in specialty occupations. Certain organizations are exempt from the highly competitive annual H-1B visa lottery, including institutions of higher education, non-profit entities related to or affiliated with a higher education institution, and nonprofit or government research organizations. Continue reading

FAQs about the New High-Skilled Workers Rule and Its Impact on New H-1B Visas

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On January 17, 2017, the final Department of Homeland Security (DHS) rule entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” took effect.

The rule amended regulations related to various employment-based immigrant and nonimmigrant visa programs, including the H-1B.

Since this is the first filing season where it will be in effect, we wanted to provide answers to the commonly asked questions about the changes. Continue reading

I-9 Alert: Automatic Extensions of EADs

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Due to the new High-Skilled Workers rule that went into effect on January 17, 2017, USCIS is no longer required to adjudicate EADs within ninety days. To help prevent a gap in employment authorization, DHS will grant automatic 180-day EAD extensions in most categories if filed on the same basis as the initial EAD.

Here is what you need to know about these new regulation.  Continue reading

Immigration Success Story: H-1B for Skilled Workers and Professionals

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The Marks Gray Immigration Team is already helping clients with H-1B petitions for the upcoming April lottery. This month, we are highlighting the success story of a French citizen who received a cap-subject (lottery subject) H-1B petition last year under the FY2017 lottery.

After receiving notice from us that his H-1B petition was selected under the lottery, our client said, “For real!…Oh my god!!!! Thank you very much!!!!” Continue reading

Tips to Prepare for a Successful New H-1B Filing

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call-it-a-planHere are our top five tips for H-1B filing:

  1. Your H-1B petition must be ready to be filed by April 3rd, 2017. It’s crucial to start preparing now. Don’t delay!
  2. Your position must relate to your educational credentials. The H-1B requires at least a bachelor’s degree or its equivalent. That education must be related to the job you will perform in the United States.

Continue reading