When USCIS processing runs long, an H-1B employee’s I-94 can expire while their petition is still pending. In many cases, the employee can keep working legally during that wait, but the employer has to update Form I-9 correctly to show it. The rules depend on what kind of H-1B petition you filed. Below, we walk...
Immigration Compliance
We get this question a lot from employers. The certified LCA lists $85,000. The employee has been paid $100,000 for two years. Business slows, a major account goes away, and the employer asks the obvious question: can we go back down to the $85,000 we certified? Usually the answer is no. The LCA wage is...
Filing an immigration case has always required patience. Families gather personal records, employers pull together business documents, and applicants spend months and often thousands of dollars preparing forms, translations, and supporting evidence. Through most of the past several years, there was an unwritten safety net built into the process: if something important was missing from...
Just when employers thought they had a handle on the $100,000 H-1B fee, the litigation took another turn. On July 24, 2026, the First Circuit Court of Appeals declined to let the government reinstate the fee while its appeal plays out. A quick recap We’ve been tracking this fee since before it even took effect....
Last month USCIS issued a controversial memo suggesting that Adjustment of Status was a form of extraordinary relief and that individuals wanting to pursue a green card should leave the US to Consular Process. As you can imagine this memo sparked fear and chaos throughout the immigration community and many Attorneys started to talk about...
In yet another attempt to create fear and chaos within the immigration community, USCIS released a memo right before the long weekend reminding its officers that adjustment of status is a form of extraordinary relief. This comes despite decades of USCIS routinely adjudicating and approving adjustment of status applications as a normal part of the...
H-1B Wage Compliance, Benching, Unpaid Leave and the Cost of Getting It Wrong By Chris Prescott | PSBP Law | April 29, 2026 Most companies that sponsor H-1B workers think of the Labor Condition Application (“LCA”) as a piece of paperwork. They sign it, post it, file it with USCIS, and move on. Then a...
What Rep. Eli Crane’s Proposal Would Do, How It Compares to Existing Law, and What Employers, Workers, and Families Should — and Should Not — Do Right Now By Chris Prescott | PSBP Law | April 27, 2026 READ THIS FIRST. The End H-1B Visa Abuse Act of 2026 is a BILL that has been...