Litwin & Smith, A Law Corporation

Earlier tightening of rules regarding L1-B visas has now been eased, and specialized workers can once again come to America.

An L-1 visa is a way for certain skilled workers and their families to come to America.

Litwin & Smith has heard reports that USCIS may be selecting more H-1B registrations for the FY2021 cap with a new H-1B filing period opening August 17 through mid-November 2020. Litwin & Smith continues to monitor the situation and will share any updates as they become available.

Donald Smith Comments on H-1B Government Contractor Executive Order https://www.ktvu.com/video/836916

Receiving a Request for Evidence does not mean that someone's employment visa petition was denied.

How does the streamlined nonimmigrant specialty employee visa process work?

USCIS reaches H-1B cap Litwin & Smith ready to file your H1B Petition https://bit.ly/348fAjD

Shelter in Place and H1B Remote Employment As shelter in place orders are executed for the San Francisco Bay Area, California, and throughout the U.S. in response to the COVID-19 coronavirus pandemic H1B remote employment rises. Many IT companies have put in place mandatory work-from-home policies to help slow down transmission of COVID-19, the new orders are aimed at keeping as wide a range of people as possible away from potential sources of infection. We at Litwin & Smi...th are diligently working to keep our clients informed and to provide the best in U.S. immigration related services possible. As employers adapt to our current reality, the demand for H1B remote employment is rapidly increasing. To that end, we do not see that USCIS intends to lessen the H1B employment requirements that exist regarding H1B employee remote worksites as applied to H1B employees working remotely from home. H1B Remote Employment An H1B employee working remotely from home beyond Short Term Placement of 30/60 Days is subject to the H1B Labor Condition Attestation (LCA) posting requirements. Employee Living within the MSA of the Existing Employer Worksite LCA Where it is contemplated the employee will be required to work remotely from home more than 30/60 days. In the case where the employee lives within the MSA of the existing LCA employment the employee may repost the LCA at their home in two locations and the employer may update the public access file with the a Notice of Posting of this information. Employee Living outside the MSA of the Existing Employer Worksite LCA Where it is contemplated the employee will be required to work remotely from home more than 30/60 days. In the case where the employee lives outside the MSA of the existing LCA employment the employee would post a new LCA at their home in two locations and the employer would file an amended H1B petition with USCIS in addition to creation of a new public access file with the a Notice of Posting of this LCA. Litwin & Smith, A Law Corporation remains available to provide assistance to employers, their employees and their families. We have extensive experience providing employers with H1B beneficiary remote worksite employment approvals. We can help. For more information or assistance email [email protected] or call 650 588 7100. We look forward to assisting you.

How will the new electronic registration and updated H-1B visa process help businesses hire diverse talent?

New application process for H-1B visas begins March 1 http://bit.ly/2PhcGTP

Employers looking to bring in international help could face higher costs and less certainty.

USCIS announced that it will implement the public charge final rule on February 24, 2020, and the rule will apply to applications and petitions postmarked or submitted electronically on or after that date, except for in Illinois. Under this final rule, USCIS adjudicators will apply a complex totality of circumstances test that weighs the alien's age; health; family status; education and skills; and assets, resources, and financial status to determine the likelihood they will... become a "public charge;" e.g. likely to receive one or more public benefits, for more than 12 months in the aggregate within any 36-month period. A sufficient affidavit of support will not overcome this determination. Contact an experience immigration today for more information.