On Demand Audio

The H-1B Visa: An Update for the 2019 H-1B Cap Season

(260 reviews)

Produced on March 19, 2019

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Immigration

Course Description

The H-1B visa category has historically been viewed as the workhorse of all nonimmigrant visa options but, in the past few years, this category has come under attack with the implementation of the current administration’s ‘Buy American, Hire American’ executive order.

This course, led by attorney Roxanne Levine, will analyze the nature of the H-1B visa requirements, changes in regulations for the 2020 fiscal cap year as proposed by the administration and current qualifications for both U.S. petitioners and the foreign beneficiary. An in-depth discussion of historical trends, common pitfalls and the latest updates regarding government policies including the pre-registration requirement will be reviewed and discussed. Strategies to develop and frame a successful H-1B visa petition and an analysis and interpretation of the language of the Department of Labor’s Occupational Outlook Handbook will be reviewed to prepare a successful case. Further discussion regarding the new labor condition requirements concerning third-party placements will be examined. In addition, motions and appeals and resubmissions of petitions and a brief discussion of other visa options will be reviewed.

Learning Objectives:

  1. Address the history of the H-1B visa from inception to date
  2. Review common requests for evidence and how to avoid them
  3. Handle third-party worksite issues in H-1B submissions
  4. Identify other visa options – post-cap options as well as motions and appeals
  5. Discuss how to handle student visa status, the OPT Cap-Gap and time frames for remaining on payroll during crucial periods

Credit Information

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Roxanne Levine

Tarter Krinsky & Drogin LLP

Roxanne H. Levine is a Partner in the Immigration Practice Group at Tarter Krinsky & Drogin LLP. She has over 25 years of experience representing major multinational financial institutions, corporations, universities, cultural institutions, energy companies and the hospitality industry. She also represents individuals, including entrepreneurs, artists, performers and entertainers.

Roxanne counsels corporations and individual clients in nonimmigrant and immigrant visa issues, permanent residence processing for extraordinary foreign nationals, priority worker petitions for executives and managerial staff, PERM processing and consular practice. She guides clients in complex citizenship matters including renunciation of residence and relinquishment of citizenship issues. She also handles family and adoption issues relating to U.S. immigration.

With clients’ business goals in mind, Roxanne guides corporations in the creation of policies and programs applicable to the hiring of foreign national personnel, I-9 compliance, recordkeeping and compliance programs developed in accordance with U.S. immigration and nationality law requirements, legal departments and human resource personnel on hiring practices and issues arising from corporate mergers and takeovers.

Representative Matters:

  • A leading New York cultural institution in relation to all its U.S. visa and immigration issues.
  • A global chemical company in obtaining visas and permanent residence for corporate executives and other foreign nationals specializing in the hard sciences.
  • A leading financial institution in ongoing immigration matters for its employees.

Roxanne lectures frequently to international banking groups, law firms in the United States and Canada, international chambers of commerce, religious organizations, and universities and colleges. She has been recognized by Chambers USA as a leading lawyer in Immigration in New York (2013-2018).  


Michael D.

general information was helpful

Joel C.

Good overview.

antonio s.


Gaston W.

Maybe one of the best segments that I have taken this CLE cycle. Highly recommended.

June C.


Davy F.

The presenter did a great job.

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