H1B申请最新规定原文分析(英文)
(2006-09-01 17:39:40)
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USCIS has recently released a Public Notice regarding H-1B filings. There are two important points in this Notice that we would like share with our readers who are applying for H-1B's:
1. For employers such as labor contractors or consultants, USCIS requires in advance,
"a detailed itinerary of the dates and places where work will be performed."
Because of the emphasis in this recent Notice, we advise employers in this category to keep particularly aware of this requirement.
2. For those of you who are filing for an H-1B transfer to a different employer other than the one for which your initial H-1B petition was approved, please be aware that USCIS now requires you to
"demonstrate that you actually did perform meaningful work for that original employer" under circumstances not reflective of fraudulent intent in the original petition.
This scrutiny also applies to H-1B's processed abroad through consular processing. Essentially, the applicant is required to submit evidence to convince the USCIS that the original H-1B filing was not fraudulent. In the past, for H-1B transfers, four recent pay stubs and W-2s were sufficient to prove valid nonimmigrant status for H-1B transfer applicants. Whether this evidence will be sufficient under this new language remains to be seen. We will post an update as soon as this information becomes available.
We are aware that many of you are waiting for April 1st to submit your H-1B's and we are committed to providing you the latest H-1B news, updates, and advice in order to ensure your successful applications. Keep checking back with jclawoffice.net to keep informed about the latest developments regarding H-1B's.
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