FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.
FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

San Francisco Immigration Law Blog

USCIS Identifies Widespread H-1B Visa Fraud

In a surprising announcement last month, USCIS alleged that several dozen “small technology firms” conspired to commit H-1B registrant fraud.  According to the announcement, these companies worked together to give their candidates a better chance of selection in the annual H-1B visa lottery by registering multiple times. USCIS has stated it is in the process of performing “extensive fraud investigations,

Read More »

The Importance of the I-797 Form in H-1B Applications

If you are sponsoring a candidate for an H-1B visa, you need to understand the I-797 form. This form is sent to visa applicants by USCIS to notify the recipient about important updates to their applications. However, multiple types of I-797 forms can be sent depending on the circumstances. ‘ No matter where you are in the sponsorship process, these

Read More »

New H-1B and L-1 Bill Introduced in Senate

A new bill introduced to the Senate has the potential to completely overturn much of the H-1B and L-1 visa application processes. The bill, called the “H-1B and L-1 Visa Reform Act,” was introduced by a bipartisan group of senators to make it more difficult to acquire these visas and require employers to focus more heavily on recruiting U.S. employees. 

Read More »

Court Ruling Declares H-1B Spouses Permitted to Work in the U.S.

As of April 2nd, 2023, a federal ruling has confirmed that spouses of H-1B visa holders are authorized to work in the U.S. This ruling confirms the Department of Homeland Security (DHS) regulation that first offered this authorization.  The ruling was issued in Save Jobs USA v. U.S. Department of Homeland Security. Advocacy group Save Jobs USA argued that the

Read More »

USCIS States H-1B Visa Cap for FY2024 Reached and Lottery Performed

U.S. Citizenship and Immigration Services (USCIS) has announced that the agency has received sufficient electronic registrations to meet the cap on H-1B visas for fiscal year (FY) 2024. As such, it has performed a lottery to randomly select registrants who will be chosen to apply for these visas. Registrants may check the USCIS portal to determine if they have been

Read More »

Does USCIS Have a Policy Against Broad-Brush Requests for Evidence in H-1B Applications?

The registration period for the H-1B has ended, and the application period for chosen registrants is fast approaching. Now is the time to start considering one of the biggest hurdles many applicants face: Requests for Evidence, or RFEs. While many well-prepared applicants never receive an RFE, those who submit their applications without expert assistance may receive these requests and put

Read More »

What Is Cross-Chargeability for Green Cards?

Applying for a U.S. green card is a complex process, particularly for people from countries like China or India. Federal limits on the number of green cards issued each year and caps on per-country issuances can make it particularly difficult for people from countries with large populations to receive consideration.  However, the rules of chargeability and cross-chargeability may provide some

Read More »

How the H-1B Lottery Works for FY 2024

Registration for H-1B visas is open from March 1st through the 17th of this year. However, registering is just the first step in a much longer process. Before a registrant can begin the application process, they must be chosen in the annual H-1B lottery.  This lottery system is the most equitable way USCIS has found to manage the influx of

Read More »

USCIS Opens Registration for FY 2024 H-1B Visas

As of noon eastern time on March 1st, USCIS has officially opened the registration period for H-1B visas for fiscal year (FY) 2024. The registration period lasts through noon EST on March 17th, and late registrations will not be accepted unless the registration cap is not reached.  During the registration period, prospective applicants and their representatives can submit their information

Read More »

Suggestions for Employers Regarding New H-1B Regulations

The H-1B portability provision has now been in place for several years. USCIS has refined the portability process over this time, as have the expert immigration attorneys at Litwin & Smith. With the knowledge and experience we’ve gained regarding H-1B portability, we are returning to update this article to provide employers with our current suggestions for hiring H-1B employees already

Read More »

Schedule a consultation


6379 Clark Avenue, Suite 260
Dublin, CA 94568


5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054