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H-1B Nonimmigrant Visa News

The H-1B visa is a nonimmigrant visa that allows an international worker in a specialty occupation to come to the U.S. and work. A specialty occupation is one that requires a bachelor's degree or its equivalent in a specific specialty, for example the sciences, medicine, health care, education, biotechnology, computer technology, and business.

H-1B work visas are in high demand because only 65,000 are issued each fiscal year (Oct. 1 - Sept. 30). In addition, each year 6,800 skilled foreign workers from Chile (1,400) and Singapore (5,400) are issued an H-1B1 visa.?? There are also 20,000 H-1B visas available for US Master's Degree holders.

H-1B visas are valid for a three-year period and can be extended for one additional three-year period. After a worker has resided in the U.S. for six continuous years, he or she must leave and remain outside the U.S. for at least one year before another H-1B visa can be issued.

Foreign Worker Slots Remaining for FY 2012
Posted by: euser
July 25, 2011

U.S. Citizenship and Immigration Services ("USCIS") still has slots available in fiscal year 2012 for foreign workers in specialty occupations under the H-1B program.

Thus, employers who seek an employment start date on or after October 1, 2011 (the start of the 2012 fiscal year) for foreign workers in specialty occupations can still file visa petitions on behalf of those workers. By rule, the specialty occupations include, but are not limited to: scientists, engineers and computer programmers.

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THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World.
Posted by: euser
July 14, 2011

As a result of increased site visits and a general inclination to decrease the number of H-1B's approved, the U.S. Citizenship and Immigration Services ("USCIS") published a watershed memo on January 8th, 2010 ("the Neufeld Memo"). The Neufeld Memo radically changed the way that H-1B's were adjudicated. The Neufeld Memo also put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off of the H-1B visa petitioner's premises. Additionally, the Neufeld Memo added additional requirements for H-1B petitioners to obtain H-1B extensions. It is this author's opinion that as a result of this Neufeld Memo, employers will see automatic requests for evidence in any case where the beneficiary may be performing offsite work and for any H-1B visa extension petition. It continues to be our strong recommendation that employers add a section to their H-1B petitions which cover the issues addressed by the Neufeld Memo. Even one and one half years after this Memo was promulgated.

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About Nachman & Associates, P.C.

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When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 15 languages spoken, including: English, Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Hindi, Tamil, Italian, Russian, Chinese, and German.

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To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues.

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Nachman & Associates, P.C. is also proud to announce the formation of a Global Immigration Division in 2007 to assist clients with immigration issues to countries like the UK, China, New Zealand, Australia, and more.?? Our Global Division staff is fully equipped to assist with international transfers to and from the United States. ??

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If you, or any member of your staff, are interested in receiving more information about??various immigration options, or subscribing to one of our firm's monthly newsletters, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.


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