Law Office of Gregory J. Eck, LLC

10/10/2025

Can an H-1B visa be denied just because your degree doesn’t match your job title?

Many employers don’t realize how closely USCIS looks at both the employee’s qualifications and the availability of ongoing work.

Even a small mismatch like a degree in Mechanical Engineering for a Software Engineer role can trigger a Request for Evidence (RFE).

But there’s good news: solid documentation can make all the difference.
# Credential evaluations from U.S.-accredited services
# Proof of certifications, additional coursework, or work experience (remember the 3-for-1 rule!)
# Detailed job descriptions highlighting real, technical responsibilities

And it’s not just about the employee, USCIS also checks if there’s enough future work to keep them employed. Business plans, client contracts or investor agreements can help show long-term stability.

10/09/2025

Why are H-1B Workers often paid less than they deserve?

Recent reports reveal that some large companies hire foreign professionals at the lowest wages allowed under the Labor Condition Application to cut costs.

While this may save money, USCIS is closely monitoring these practices to protect American workers and ensure wages fairly reflect the skills, experience and responsibilities required for the role.

For H-1B applicants, preparation is key:
✅ Confirm job requirements
✅ Understand experience expectations
✅ Clarify responsibilities with your employer

Being proactive not only helps avoid wage-related issues but also ensures your application aligns with USCIS standards.

10/01/2025

🚨 Big Update on H-1B Visas

The U.S. government introduced a $100,000 fee for every new H-1B visa application, which became effective on September 21, 2025.

This fee must be paid by employers at the start of the application and is in addition to existing filing fees.

Who’s Exempt?
👉 Current H-1B holders
👉 Renewals or extensions
👉 Valid visa holders traveling with approved petitions

The aim is to prioritize highly skilled, highly paid workers, which could shift the program toward a merit-based system.

While large companies may manage this change, smaller employers could face difficulties hiring talent. Some skilled professionals may even explore opportunities in other countries.

09/30/2025

I've been working on a blog about H-1B RFEs and it’s finally live! ✨

If you’ve ever wondered why some H-1B applications get paused, this explains the most common reasons and patterns.

It’s an interesting read even if you’re not filing an H-1B yourself. Check it out and let me know your thoughts in the comments below - https://www.gregecklaw.com/blog/2025/september/h-1B-visa-requests-for-evidence/index.html

03/04/2025

El 20 de enero de 2025, el presidente Trump emitió la orden ejecutiva "Protegiendo al Pueblo Estadounidense contra la Invasión", en la que instruye al Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) a garantizar que los extranjeros cumplan con su obligación de registrarse ante el gobierno de los EE.UU., conforme a la Sección 262 de la Ley de Inmigración y Nacionalidad (INA, 8 U.S.C. 1302). Además, establece que el incumplimiento de este requisito será tratado como una prioridad de aplicación de la ley civil y penal.

El 20 de enero de 2025, el presidente Trump emitió la orden ejecutiva "Protegiendo al Pueblo Estadounidense contra la Invasión", en la que instruye al Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) a garantizar que los extranjeros cumplan con su obligación de registrarse ant...

02/25/2025

The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the FY 2026 H-1B cap will open on March 7, 2025, at noon Eastern Time and run through March 24, 2025. During this period, prospective petitioners and their representatives must use the USCIS online account to register each beneficiary and pay the associated $215 H-1B registration fee per submission.

USCIS announces the FY 2026 H-1B cap initial registration period, opening on March 7, 2025. Prospective petitioners must register online and pay the $215 fee by March 24, 2025. USCIS introduces new features for organizational accounts, including collaboration options and pre-population of beneficiar...

01/22/2025

Supporters assert that President Trump's recent executive orders to tighten the southern border are essential measures to safeguard national security, uphold the rule of law, and protect American communities. By declaring a national emergency at the U.S.-Mexico border, the administration acknowledges the pressing need to address the challenges posed by illegal immigration, drug trafficking, and human smuggling.

Two days after signing the executive orders that aim to dramatically increase border security, President Trump once again declared his support of the H-1B visa program: “...we have to have quality people coming in. Now by doing that, we're expanding businesses and that takes care of everybody. So I'm sort of on both sides of the argument, but what I really do feel is that we have to let really competent people, great people, come into our country. And we do that through the H-1B program." Trump said.

Trump seems to be fulfilling on his promise to crack down on illegal immigration while supporting legal immigration. The coming weeks will almost certainly see heightened tension on both sides of this contentious issue.

01/14/2025

Hay muchas formas de ser elegible para obtener una autorización de empleo en los Estados Unidos. Este artículo aborda las tres más comunes: a través de asilo, ajuste de estatus y TPS.

Si estás en Estados Unidos y estás esperando la aprobación de tu solicitud de asilo, residencia permanente o Estatus de Protección Temporal (TPS, por sus siglas en inglés), es probable que te preguntes si puedes trabajar legalmente. La respuesta es sí, pero primero necesitas obtener un Permiso de Trabajo, también conocido como Documento de Autorización de Empleo (EAD, Employment Authorization Document).

En este artículo te explicamos, de manera sencilla y paso a paso, cómo solicitar tu permiso de trabajo según tu situación migratoria.

Hay muchas formas de ser elegible para obtener una autorización de empleo en los Estados Unidos. Este artículo aborda las tres más comunes: a través de asilo, ajuste de estatus y TPS.

01/10/2025

Asylum Primer: It is often assumed that persons entering the United States illegally are refugees seeking asylum in this country. Indeed, this could well be true. However, very little, if any, accurate reporting is available to explain an often overlooked fact: “Asylum” and “refugee” are legal terms that are defined in U.S. law. Not just anyone who has left his homeland seeking a better life in the United States will qualify for asylum. Here is a brief primer on the U.S. law of asylum.

1. Definition
Under the the Immigration and Nationality Act (INA) and related federal regulations, “asylum” is a form of protection granted to individuals who are already in the United States or seeking entry at a port of entry and who meet the definition of a “refugee.” Under U.S. law, a refugee is someone who:

- Has been persecuted and/or has a well-founded fear of future persecution based on one of five protected grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group (PSG)
- Political opinion.

2. Eligibility Criteria
To qualify for asylum, applicants must demonstrate that:
- They are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution;
- The persecution has been/or will be carried out by the government or by groups the government is unable or unwilling to control; and,
- The persecution is linked to one of the five protected grounds mentioned above.

3. How to Apply for Asylum
There are two primary ways to apply for asylum:
- Affirmative Asylum Process:
- Applicants must be physically present in the U.S. and file Form I-589 (Application for Asylum and for Withholding of Removal) with U.S. Citizenship and Immigration Services (USCIS).
- Applicants are not placed in removal (deportation) proceedings unless their case is denied.

- Defensive Asylum Process:
- This occurs when someone applies for asylum as a defense against removal in immigration court.
- These cases are handled by an immigration judge within the Executive Office for Immigration Review (EOIR), under the jurisdiction of the Department of Justice.

4. Timeframe for Filing
- Asylum applicants must generally file within one year of entering the United States unless they can show:
- Changed circumstances that materially affect eligibility.
- Extraordinary circumstances that caused a delay in filing.

5. Benefits of Asylum
- Individuals granted asylum can:
- Stay in the U.S. indefinitely.
- Apply for work authorization.
- Petition to bring immediate family members (spouse and children under 21).
- Apply for a green card (permanent residency) after one year.

6. Barriers to Asylum
Certain factors may disqualify an individual from receiving asylum, including:
- Participation in persecution of others.
- Convictions for particularly serious crimes.
- Security-related concerns.
- Safe resettlement in a third country before arriving in the U.S.

01/08/2025

The H-1B Cap lottery registration period for 2025 has not yet been announced. We expect it to begin the first week of March and remain open for 12-16 days. Prepare now by doing the following:
• Gather educational docs from your prospective employee, including diploma(s) and grade transcripts. Remember: foreign degrees will have to be evaluated for U.S. equivalency, so it’s a good idea to have this done in advance;
• Remember: the H-1B requires at least a bachelor’s degree in a specific field and the job itself must require this degree. Find out what your prospective employee’s degree is in and make sure it’s a fit for the job you want him or her for;
• Be sure to verify your entity’s tax ID number: you’re going to need this for the H-1B application;
• Make sure your prospective employee has his/her passport, current visa, and other immigration documents ready to be scanned and submitted with your H-1B application;
• Be sure your HR department is prepared to store particular documents related to the H-1B application in the event of an inspection by DHS or DOL;
• Designate someone to serve as the primary contact with DHS during this process;
• Remember: you will be required to compensate your prospective employee not lower than the prevailing wage for your geographic area. Be prepared in advance and know what that prevailing wage is. Here’s a helpful website: DOL Wage Search

By preparing early, you can avoid last minute filing snafus that could doom an otherwise eligible application. You can keep up to date on the H-1B lottery process at the USCIS website, www.uscis.gov.

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01/06/2025

The Department of Homeland Security (DHS) announced a final rule that introduces significant changes to the H-1B visa program. The new rule goes into effect on January 17, 2025, just three days before the new Trump Administration takes office.

Visit our blog to see the highlights:

The Department of Homeland Security (DHS) announced a final rule that introduces significant changes to the H-1B visa program. The new rule goes into effect on January 17, 2025, just three days before the new Trump Administration takes office. Here are the highlights:

01/03/2025

H-1B Season is upon us. Employers seeking to hire skilled workers for FY26 should start preparing now. While USCIS has not yet published specific dates for this year’s lottery season, here’ s what we can expect based on past years practices:
• Registration Period: Mid-March 2025 (usually a 2-3 week window)
• Initial Selection Announcement: Early April 2025
• Petition Filing Period: April 1 – June 30, 2025

Our friends at buff.ly/4gWpYzl have provided this helpful chart: