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The H-1B visa is one of the most highly regulated visa categories there is. Any change in the terms and conditions of employment associated with the H-1B, such as a change in job duties, a change in salary, a change in job location, and definitely a change in employer, triggers considering whether the H-1B needs to be amended. Look at it this way: the H-1B visa, as with any other visa, is specific permission from the U.S. government for an individual to work in the U.S. for a specific employer. Once there is a change, the employer and employee must...

This week USCIS announced that it has received more H-1B petitions than there are available H-1B visa numbers. The H-1B visa is available to an employer who is offering a foreign national a position that requires at least a bachelor's degree in a very specific field and the individual has such a degree or its equivalent. For most individuals who have not been in H-1B status before, an employer can only file an H-1B petition for such an individual where there are H-1B numbers available. Each year, there are 85,000 numbers available: 20,000 are reserved for those individuals with at...

Yesterday was the first day that USCIS received H-1B petitions for Fiscal Year 2016. Despite rumors that USCIS was turning away Federal Express trucks due to the high volume of petitions filed, Clark Lau LLC has confirmed that all of the H-1B petitions it filed have been received by USCIS. Now the wait begins. Once USCIS reports its numbers, Clark Lau LLC will be sending out reports. Follow Vince on Twitter at @immigrationusa for regular updates.

PERM is the first of a multi-step process for most employers who are interested in sponsoring foreign workers for US permanent residency. PERM is a form of the U.S. Department of Labor's labor certification application. This process requires an employer to test the US labor market by advertising the position and its requirements via three mandatory recruitment efforts: a notice of filing, a posting with the local state job bank, and a newspaper advertisement. If the position is a professional position, an employer must engage in three additional steps, which can be chosen from a menu of options which include...

Governor Charlie Baker addressed the Kendall Square Association today at its annual meeting. Among the different topics were immigration. Governor Baker is keen on finding ways to access talent, including accessing foreign talent, and keeping talent in the Commonwealth given the drive for innovation that we have here. Vince was attending as a Kendall Square Association Board Associate.

USCIS just announced that H-4 individuals who have H-1B spouses that meet either one of the following criteria may start to apply for employment authorization documents as soon as May 26, 2015: Beneficiary of an approved Employment-Based Immigrant Petition (Form I-140) OR H-1B status beyond the initial six years based on a long pending permanent resident application. Please contact Clark Lau LLC for more information.