05 April

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H-1B CAP REACHED FOR 2020

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April 5, 2019The USCIS has announced that the mandated regular cap on H-1B applications for 2020 has been reached. The H-1B visa is only approved for 65,000 people for the fiscal year, with an additional 20,000 given for an “advanced degree” exemption.The USCIS will continue to process petitions if they are exempt from the regular cap, as well as those petitions that apply to visa holders asking for extensions, changing their H-1B terms, changing employers, or attempting to gain a second H-1B position in addition to the one they hold already.For those wondering about their H-1B status or qualifications, it...

01 April

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WOMAN SENTENCED IN MARRIAGE/VISA-FRAUD SCAM

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in C.T.LEE & Associates Blog

April 1, 2019The US Attorney’s office has announced that a woman has been sentenced in a case involving marriage and visa fraud. Marena Mushero, of Maine, allegedly offered to marry a foreign national in need of a visa in exchange for money.Prosecutors claimed that Mushero accepted cash and wire transfers from a foreign resident living and working in the US prior to their wedding, so that the foreign national could obtain a “green card”. This attempt to circumvent the US’s immigration policies was eventually discovered, and Mushero has been convicted and sentenced to 5 years of probation as a result.Schemes...

25 March

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VISA FRAUD LEADER GETS A YEAR IN JAIL

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in C.T.LEE & Associates Blog

March 25, 2019The head of an illegal visa scheme has finally been sentenced. Anjaneyulu Katam, who was accused by the US Department of Justice of manipulating the H-1B visa program to help Indian nationals illegally enter the US, was sentenced to a year in jail and ordered to forfeit $1.1 million in assets.The government alleged that Katam ran a “IT Staffing Company” that had filed falsified visa applications in exchanged for payment and forced applicants to pay their own visa fees. The H-1B visa, which is intended to fill shortages of skilled laborers, has been under criticism for the ability...

22 March

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NEW RULES MAY BAR EMPLOYERS FROM USING FOREIGN WORKERS

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in C.T.LEE & Associates Blog

March 22, 2019Last month, the Department of Labor released a memo outlining new interpretations to regulations around hiring foreign workers, such as those workers on the H-1B visa. In short, the memo states that those companies that do not comply fully with requests for evidence may be barred from using any foreign workers at all.Much of the substance of the memo deals specifically with compliance to new electronic document requests. Namely, that much of the visa process is now online. For some companies or workers, using an electronic only process will be very difficult to navigate. For others, it might...

18 March

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H-1B IN CHAOS? GOVERNMENT RULE CHANGES FRUSTRATE APPLICANTS

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in C.T.LEE & Associates Blog

March 18, 2019As a result of many visa processing changes announced by the USCIS earlier this week, many applicants and employers are left scrambling to ensure that everything is revised in time for the April 1st start date. Notably, changes made to the processing of premium applications have caused a large amount of chaos for many who are filing applications, as the changes have disrupted timelines, application information, and even billing and fee cycles. Premium processing of applications, which is notably more expensive, traditionally guarantees a response within 15 days. However, the USCIS announced that they would not even begin...

15 March

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2020 H-1B SEASON ANNOUNCED

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in C.T.LEE & Associates Blog

March 15, 2019The USCIS has announced the starting dates for H-1B applications for fiscal year 2020. Applications will be accepted starting on April 1, 2019 and will be subject to any 2020 caps on the total number of visas approved. The USCIS also announced a number of changes, including changes to the visa selection process, changes to the processing of premium visa requests, and even a new H-1B employer data hub for the 2020 visa season.Immigration services in the US are still actively trying to adapt to changes mandated by the Trump Administration, which is pushing for companies to hire...

11 March

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VISA LAWSUIT AGAINST APPLE DISMISSED

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in C.T.LEE & Associates Blog

March 11, 2019 A lawsuit filed against Apple and Infosys has been dismissed by US courts. The lawsuit alleged that Apple illegally conspired to abuse the US visa system to replace US workers with cheaper, outsourced labor from India. It was claimed that Apple was illegally attempting to get workers into the US on the cheaper B-1 Visa instead of the more expensive H-1B visas.The lawsuit, filed by a whistleblower on the scheme and an independent contractor, was ultimately dismissed after the courts found that Apple’s use of the visa system was appropriate.Companies using foreign workers should remain cautious...

08 March

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SENATORS PUSHING FOR MORE VISAS

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in C.T.LEE & Associates Blog

March 8, 2019 A bipartisan group of senators, lead by Sen. Angus King and Sen. Susan Collins of Maine, are attempting to raise the cap for certain work visas. Recent changes by the Trump Administration has caused fewer H-1B and other work visas to be approved, and many companies, particularly IT companies, are feeling the impact of this. With domestic unemployment hitting historic lows, the need for skilled foreign workers is growing. Maine in particular needs skilled workers to help with their tourism-based economy, hence the sense of urgency from the Senators to raise the cap.This comes at a time...

04 March

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ARE H-1B WORKERS BEING EXPLOITED?

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in C.T.LEE & Associates Blog

March 4, 2019 A recent piece by Bloomberg law suggests that H-1B workers entering the US, particularly in the IT sector, are potentially being exploited by consulting firms. The piece, founded mostly on anonymous sources to protect workers from retaliation, claims that some H-1B immigrants are being forced to work 80 hours (twice the standard work week) for no additional overtime pay, and are also functionally unable to take sick days or vacation days.This comes at a time when IT companies are facing a major crunch, as several lawsuits have recently been filed claiming that the current US administration is...

28 February

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IT COMPANIES SUE US GOVERNMENT OVER H-1B APPROVALS

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in C.T.LEE & Associates Blog

February 28, 2019 Dozens of lawsuits have been filed in recent days by a group of IT companies who are alleging that the US government coordinated to limit the number of H-1B visas approved for companies known for IT outsourcing.ITServe Alliance, a group of 1,100 IT outsourcers, including all of the companies in the lawsuits, are claiming that new regulations around H-1B visas are meant to eliminate the industry. H-1B visas allow for skilled foreign workers to gain entry and employment in the United States, and are used to fill critical skill shortages, particularly in the IT sector.Evidence of discrimination...

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