Author Archive

H-1BS and Forced Shut Downs-The No Benching Rule Applies

6/1/2009 Written by Brian D. Zuccaro

Our office has received inquiries about the affect of temporary shut downs and furloughs on H-1B applicants and the requirement to continue to pay their wages. The INA and the Department of Labor (DOL) regulations require that the normal wages must be paid to H-1B workers even if the H-1B worker is not performing work […]Read More >

Update on F-1s and H-1B CAP Gap

5/21/2009 Written by Brian D. Zuccaro

Our office has received inquiries about this year’s H-1B cap filings and related cap gap provisions for F-1 individuals working on Optional Practical Training (OPT). Under cap gap provisions, an F-1 individual’s status and OPT work permission are automatically extended when an H-1B petition is properly and timely filed requesting change of status from F-1 […]Read More >

Immigration Options through the Eyes of a Canadian Company—“The Business Visitor”

4/17/2009 Written by Brian D. Zuccaro

By: Andrew M. Wilson   I. Introduction Securing order from major U.S. company—$15,000 in marketing and man hours Potential revenue generated from new U.S. customer—$500,000 Reserving air flights and hotel for meetings to finalize deal—$2,000 Accolades and promised promotion for landing new U.S. customer—Priceless Getting denied admission by U.S. immigration and losing deal—Disastrous The events […]Read More >

EB-3 Category Now Unavailable

4/9/2009 Written by Brian D. Zuccaro

The Department of State (DOS) announced that the EB-3 category has become unavailable for all nationalities for the rest of the fiscal year. The cut-off dates for the EB-3 categories were previously retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits. Despite these efforts, the […]Read More >

H-1B CAP Filings Still Accepted as of July 8, 2009

4/8/2009 Written by Brian D. Zuccaro

CIS announced that it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 cap. CIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap. CIS announced that it received approximately 42,000 H-1B petitions […]Read More >