Emily parker

On January 20, 2025, Donald Trump was sworn in as the 47th President of the United States. With this leadership transitioning back to power, many employers are concerned about potential changes to the H-1B, immigration, and employment policies. This blog will outline the major differences between President Trump and Biden administration’s H-1B visa program requirements helping you understand the potential policy shifts that may be introduced. Immigration Policy Updates Trump Administration President Trump’s views on immigration have stayed consistent over the years. From enforcing stricter border policies to reducing illegal immigration, his administration has consistently advocated and prioritized the well-being of American citizens over immigrants. Some important policies President Trump implemented include: • Public charge rule: On August 12, 2019, USCIS announced a new rule, restricting poor immigrants who relied on government facilities from attaining a permanent status in the U.S. • Stricter Labor Condition Applications: The Department of Labor introduced additional scrutiny for LCAs, making it more difficult for employers to hire foreign workers. • Increased site visits: USCIS and DOL increased site visits to maintain transparency and ensure compliance with the immigration guidelines. These visits may be unscheduled or scheduled in advance. • New alien registration requirements: On January 20, 2025, President Trump signed executive order 14159: “Protecting the American People against Invasion”, requiring foreign nationals 14 or older who were not registered and fingerprinted when applying for a U.S. visa and remain in the United States for 30 days or longer to apply for registration and fingerprinting. Biden Administration The former President preferred to look at immigration policies from what he referred to as a more “humane” perspective. He implemented several new policies to protect immigrants and reversed many policies signed by President Trump during his tenure. Biden revoked and implemented certain policies such as: • Reversing Public Charge Rule: Biden revoked the Public Charge Rule in March 2021, which came into action under President Trump’s administration in 2019, as it made it harder for immigrants to get green cards if they had used government services like food stamps, healthcare, and housing assistance. •DACA Protection authorizations: DACA recipients retained work authorization, deportation protection, and had access to Affordable Care Act benefits. • Easing the visa process: On June 18, 2024, the Biden administration announced actions to simplify the visa process for F1 students having a job offer in the United States.? H-1B Visa Program Trump Administration President Trump’s approach to the H-1B visa policies has changed throughout the years, but the focal point of his plans has always been clear. His administration implemented multiple policies to restrict H-1B visas and enforce stricter measures. Some major policies introduced during President Trump’s administration include: • Buy American and Hire American: On April 18, 2017, President Trump signed Executive Order 13788: “Buy American and Hire American” to protect and encourage American workers and businesses. It aimed to: • Encourage domestic manufacturing • Restrict H-1B and other work visas • Reduce outsourcing & offshoring • Boost wages & job opportunities for American workers • Higher wage requirements: Under President Trump’s administration in October 2020, The Department of Labor (DOL) announced the Wage Level Rule to raise minimum wage requirements for H-1B, H-1B1, E-3, and PERM workers. This rule was implemented to prevent the exploitation of highly skilled foreign workers by ensuring they are paid equally to U.S. workers, making it difficult for U.S. employers to hire skilled foreign workers. • Increased RFEs and Denials: Under Trump’s administration, USCIS significantly increased Requests for Evidence (RFEs) and denial rates for H-1B petitions, complicating the hiring process of foreign workers. • Increased worksite inspections: Site checks and compliance visits were increased to reduce fraud and sustain the integrity of the U.S. immigration policies. Biden Administration • Revocation of BAHA: As part of the Biden Administration’s Updates to H-1B Visa Program Requirements, the former President revoked Executive Order 13788: “Buy American and Hire American” on January 25, 2021, and signed a new Executive Order 14005 titled “Ensuring the Future is Made in All of America by All of America’s Workers”. This order was implemented to shift focus from restricting foreign workers to strengthening domestic manufacturing through federal procurement policies. • H-1B wage rule reversal: On January 20, 2021, Former President Biden delayed the execution date of Trump’s wage rule that was introduced via a DOL Interim Final Rule (IFR), and On May 13, 2021, The DOL officially withdrew this rule. • Decrease in RFEs: During his tenure, President Biden always encouraged the hiring of global talent and revoked certain policies that made it harder for U.S. employers to hire them. On March 19, 2021, USCIS rescinded Trump’s strict RFE policies, which allowed officers to approve H-1B petitions without excessive documentation. • STEM and F-1 visa benefits: To encourage international talent and simplify the visa process, the Biden administration introduced several policies such as: • STEM OPT Expansion: 22 new STEM fields were added to the Optional Practical Training (OPT), allowing F-1 students to stay and work in the U.S. for up to 3 years after graduation. • National Interest Waiver: To make the green card process easy for those contributing to the American economy and research, STEM professionals were made eligible for NIW. • Streamlined Visa Processing: The Biden administration announced faster F-1 to H-1B transitions to reduce delays for F-1 students. Employment & Business Regulations Trump Administration President Trump believed in deregulation, tax cuts, and prioritizing the American Workforce. His administration aimed to reduce compliance burdens and enforced stricter policies such as: • 2-for-1 rule: On January 30, 2017, President Trump signed Executive Order 13771 entitled “Reducing Regulation and Controlling Regulatory Costs”. According to this order, for every new rule, the government must remove two old rules. • TCJA: On January 1, 2018, the Tax Cuts and Jobs Act (TCJA) was implemented to boost economic progress through tax reductions. • Independent contractor rule: President Trump finalized the Independent Contractor Rule on January 7, 2021. This rule aimed to make it easier for businesses to classify workers as independent contractors. However, this rule never took effect as Biden’s administration delayed and rescinded it on May 6, 2021. • Reduced labor protections: Labor protections were weakened to reduce costs for businesses. President Trump aimed to make it easier for organizations to classify workers as independent contractors which meant fewer rights for them. Biden Administration Former President Biden aimed to align employment and business regulations with workers’ interests by enhancing labor protections, increasing wages, and revoking certain Trump-era policies that did not support workers. Some policies he revoked and executed include: • Revocation of Trump’s Independent Contractor Rule: The Biden administration rescinded the Trump-era Independent Contractor Rule in May 2021 and released a new version in March 2024. Biden’s rule introduced a totality-of-the-circumstances approach, evaluating six economic factors to determine whether a worker is an employee or an independent contractor. • Raising the federal minimum wage for workers: On April 27, 2021, Former President Biden signed Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors”, raising the minimum wage to $15 per hour. • Expanding workers’ protections: As a continuation of policies under the Biden Administration Updates H-1B Visa Program Requirements, the DOL ramped up investigations related to certain important matters including wage theft, worker misclassification, and safety violations, enforcing stricter labor laws to enhance workplace safety and wage protections. Union support and Labor rights: Biden’s administration always displayed his open support for labor unions and advocated for the PRO Act (Protecting the Right to Organize Act), which empowered workers to unionize and bargain collectively. How Can Employers Prepare? With Trump’s administration back in action, employers must prepare for potential policy shifts that will impact immigration, labor laws, and regulatory compliance. Some actionable steps employers must follow include: • Stay updated on policy changes: Stay informed on any new policy changes and monitor updates related to immigration, labor laws, visa requirements regularly. • Strengthen immigration compliance: Ensure compliance with the USCIS guidelines by compensating foreign workers fairly, maintaining proper documentation, and conducting regular audits. • Consult an immigration attorney: Consult an experienced immigration attorney who will help you understand your rights as an employer and guide you accordingly. • Conduct internal audits: Conduct regular internal audits to identify any potential loopholes and stay prepared for audits in advance. End Note With President Trump’s leadership coming back to power, businesses and employers are concerned about the potential policy changes that may be introduced. While the Biden administration’s updates to H-1B visa program requirements focused on worker protections, fair wages, and expanding immigration, Trump administration always prioritized American workers and encouraging local talent. Employers must stay updated on any new policy changes, strengthen immigration compliance, consult an immigration attorney, and conduct internal audits to stay compliant with the USCIS guidelines Stay ahead of upcoming changes in H-1B visa, immigration, and employment policies with OnBlick, book your free demo today! ?

The U.S. Citizenship and Immigration Services (USCIS) concluded the H-1B initial registration process for FY 2026 on March 31, 2025. The required number of electronic registrations has been received to meet the H-1B cap, including the advanced degree exemption (master’s cap). Selected candidates were notified via their USCIS online accounts and can now begin filing their H-1B petitions. This blog will cover all the key updates of the latest notice shared by USCIS to help employers prepare their next move efficiently. Key Takeaways for Employers and Petitioners • Online account status updates: H-1B applicants can use their USCIS online accounts to check the status of their registration. For more details applicants must check the official H-1B registration process page. • H-1B petition filing begins April 1, 2025: Selected candidates, including those who qualified for the advanced degree exemption, can start filing their H-1B petitions. The petition filing period will last at least 90 days, and only employers with selected beneficiaries can submit their petitions. • Filing location and documentation requirements: Selected candidates must make sure to submit their H-1B petition within the indicated filing period at the correct USCIS filing location or online at my.uscis.gov. When filing an H-1B petition, selected candidates must provide important documents, including: • Copy of the selection notice • Evidence of the beneficiary’s passport or travel document used at the time of registration • Other supporting documents to prove their eligibility for H-1B petition approval • H-1B lottery selection does not mean approval: Being selected in the H-1B lottery is a milestone but does not guarantee approval. USCIS will only approve your petition if you submit all proper documentation in a timely manner to demonstrate your petition’s legitimacy. How can Employers Prepare for their Next Steps? Now that the H-1B registration process is completed, employers must plan their next steps carefully, as this is a crucial time for both them and the H-1B beneficiaries. However, with the help of an organized approach, employers can smoothly make the right decisions. Some actionable steps include: • Verify registration status and prepare documentation: Employers must check their H-1B registration status and, if selected, prepare and collect important documents such as: • Beneficiary’s passport • Educational qualifications and degree evaluations • Job offers letters and employment agreements • Labor Condition Application (LCA) certified by the Department of Labor • Detailed job description • Work experience letters from previous employers (if required) • Company documents • Proof of employer’s ability to pay prevailing wage • Company’s organizational chart • Client letters or contracts (for third-party worksites) Note: Check our comprehensive H-1B visa checklist blog that will help you effortlessly comply with the USCIS guidelines. • Ensure timely and accurate filing: The H-1B petition filing will continue for at least 90 days, so selected employers must collect all required documentation, double-check all crucial details to ensure accuracy, and file as soon as possible to avoid any last-minute confusion and hassle. • Consult an immigration attorney: Staying compliant with USCIS guidelines is important, but managing documentation and deadlines can get complex sometimes. To avoid this, employers must consult an experienced immigration attorney who will help them with all the paperwork and filing. • Prepare for RFEs: Even with a strong H-1B petition, employers may receive a Request for Evidence, which can cause delays in the hiring process and in extreme cases, even lead to petition denial. Employers must address common RFE triggers and keep all documents readily available, including proof of business legitimacy, financial records, and project details. Consider other work visas: Employers with candidates who were not selected in the H-1B lottery can help them explore other work visas that may allow them to work and stay in the U.S. Summing up USCIS announced the completion of H-1B initial registration for FY 2026 on March 31, 2025, and all selected candidates have been notified via their online accounts. Employers must gather all important documentation and consult with an experienced immigration attorney to seek expert guidance and strengthen their H-1B petition. Staying compliant with the USCIS guidelines is tricky but OnBlick ensures a seamless experience with its compliance-driven strategies, helping you manage deadlines and avoid RFEs. Choose success; choose OnBlick. Book complimentary consultation with our experts today!

Donald Trump was sworn in as the 47th President of the United States of America on January 20, 2025. On the first day of his second term, President Trump signed various orders, one of which was to revoke the birthright citizenship given to all babies born in the United States. For more than 150 years, babies born in the United States were entitled to birthright citizenship regardless of their parents’ immigration status, as affirmed in the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”. In this blog, we will discuss in depth what the end of birthright citizenship could mean for H-1B workers’ employers and what steps they must take to be prepared for this drastic change. Why Does Birthright Citizenship Matter? Birthright citizenship is deeply engraved in the concept of “jus soli” or “right of the soil,” which means any kid born in the United States is considered a permanent citizen, making the United States a country of immigrants and offering them a way to establish their identities to pave their ways. Here’s why birthright citizenship is considered crucial: • Provides Stability: It ensures children born to immigrant parents have a stable life ahead, allowing them to take advantage of all opportunities the United States has to offer, such as the right to live, work, and study in the country as well as access to healthcare and eventual citizenship benefits. • Promotes Diversity: It fosters a multicultural society by allowing immigrants to provide a comfortable living environment for their descendants, which helps them integrate into the American culture smoothly. • Prevents Statelessness: Birthright citizenship ensures every child is entitled to basic rights and an identity to associate themselves with, securing their future and protecting them from the challenges of statelessness. What Does Trump’s Executive Order Mean? To redefine the 14th Amendment, President Trump signed Executive Order 14156, titled “Protecting the Meaning and Value of American Citizenship.” This order states that babies born to immigrants should not be entitled to birthright citizenship as they are not under U.S. authority, and for a child to get citizenship, at least one of the parents must be a permanent citizen or a green card holder. This order will take effect on February 19, 2025. The key provisions of the order include: • Children of Undocumented Immigrants: Babies born to mothers who are illegally living in the United States will no longer get birthright citizenship as they are not subject to the nation’s jurisdiction. • Children Born to Lawful Visa Holders: Children of legal immigrants living in the U.S. on visas such as H-1B and H-4 will no longer be entitled to automatic birthright citizenship. What should Immigrants Expect? This news has already created a whirlwind of arguments all over the internet in the past couple of days, and the effect will only intensify in the upcoming weeks. Here’s what we can expect: • Legal Battles: Attorneys have already begun advocating this matter, stating how this is a clear violation of the 14th Amendment, a cornerstone of the U.S. Constitution. 22 states have filed lawsuits to block the order, and a federal judge in Seattle hears a case supported by Arizona, Illinois, Oregon, and Washington. In the coming days, more attorneys and activists will be seen gathering up to raise their voices against Trump’s decision to end birthright citizenship. • Social Impacts: Uncertainties are rising among major immigrating countries such as India, making them re-evaluate their decision to stay in the United States. Skilled workers are now exploring various alternatives, such as moving to a different country that will provide them with a reliable path. • Economic Changes: Employers are always looking to hire highly skilled workers for specialized positions in dominating industries like Tech and Healthcare. An end to birthright citizenship will prevent these workers from further staying in the United States, negatively affecting economic growth. Immigrants should take a calm and proactive approach by staying informed about policy changes through reliable sources like the USCIS website and keeping their documentation updated to avoid complications. It is essential to review visa statuses regularly to ensure compliance with immigration laws and secure critical documents for children born in the U.S., such as birth certificates, social security cards, and proof of residence. Also, consulting an experienced immigration attorney can provide clarity on rights and help prepare for any future changes. What Should Employers of Legal Immigrants Do? With the potential end of birthright citizenship, employers of H-1B and other legal immigrant workers must proactively support their workforce and ensure compliance with changing regulations. Here are some key actions to consider: • Stay Informed: Employers should stay updated on policy changes that impact immigration and citizenship laws. Regularly check the official USCIS website and subscribe to trusted industry newsletters to stay informed about developments that could affect your employees. • Review Employee Documentation: Conduct regular audits of your employees’ immigration documents to ensure their information is accurate and up-to-date. This includes verifying visa statuses, work authorization, and any other compliance requirements related to their employment. • Offer Resources for Legal Support: Provide access to immigration attorneys or legal counsel who specialize in employment-based visas. Offering this support can help employees understand their rights and prepare for potential changes to their immigration status. • Educate Your Workforce: Host informational sessions or workshops to educate your workforce about the potential implications of policy changes. Clear communication can help ease anxiety and ensure employees are aware of the resources available to them. • Plan for Contingencies: If employees’ immigration statuses are at risk due to policy changes, have a contingency plan. This could include exploring alternative visa options, providing relocation assistance, or adjusting roles to accommodate remote work. By taking these steps, H-1B employers can create a supportive environment for their legal immigrant workforce and minimize disruptions caused by potential changes to immigration policies. Conclusion On his first day of the second term, President Trump signed an executive order to end birthright citizenship, preventing children born to immigrants (whether undocumented or lawful visa holders) from automatically obtaining U.S. citizenship. This policy, set to take effect on February 19, 2025, challenges the 14th Amendment's jus soli principle, sparking legal and social debates with over 22 lawsuits already filed against it. This significant shift in immigration policy directly impacts H-1B workers and their employers, who must now prepare for the potential consequences. Employers should take proactive steps to address this transition effectively, such as staying informed about regulatory updates, auditing employee documentation, providing access to legal support, and educating their workforce about the changes. By adopting these measures, employers can support their workforce, maintain H-1B compliance, and minimize disruptions in the wake of this controversial policy change. OnBlick will closely monitor updates on the executive order and its impact on legal immigrants, providing timely insights as new information emerges. To learn how OnBlick can simplify your H-1B case management, book a quick demo today.

To curb illegal immigration and enforce stricter immigration policies, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion”, on January 20, 2025. Driving this policy shift forward, on February 25, 2025, the USCIS announced a new alien registration requirement mandating many foreign nationals to register and undergo fingerprinting. This blog discusses all important details regarding this new update that immigrants must know to maintain compliance with the USCIS guidelines. What is an Alien Registration Number? An alien registration number (A-Number) is a 7-9-digit unique number that allows USCIS to track immigrants and record their history. Previously, an alien registration number was only issued to certain lawful immigrants, including green card applicants, asylum seekers and refugees, immigrant visa applicants, Deferred Action for Childhood Arrivals (DACA), and Temporary Protected Status (TPS). However, starting February 25, 2025, alien registration became a legal requirement for certain undocumented immigrants, and failure to register will result in serious legal and financial consequences. An A-Number is used for several purposes, such as: • Tracking immigrants: An A-Number allows USCIS to track applicants and keep a record of their immigration applications, petitions, and case progress. • Legal identification: It confirms the lawful presence of immigrants, allowing the government to identify them easily from other undocumented immigrants. • Immigration case management: It helps USCIS, Immigration and Customs Enforcement (ICE), and the executive officer for Immigration Review (EOIR) to maintain case records effectively. • Eligibility verification: It helps the government assess an immigrant’s eligibility for work, social security benefits, and federal services. Understanding the New Requirement Trump’s executive order 14159 aims to align immigration policies with the Immigration and Nationality Act (INA) section 262. According to the government, the implementation of this policy will: • Increase national security: The government will have access to immigrants’ crucial details, such as location, immigration records, and other important information, enhancing the overall security of the United States. • Enforcement of stricter policies: Executive Order 14159 will strengthen the immigration policies by expanding expedited removal, increasing ICE and CBP personnel, and increasing the involvement of local law enforcement. • Reduce illegal immigration: Illegal immigration will significantly decrease with the incorporation of measures such as elevated border security, expanded criminal prosecution for violations, and mandatory registration and tracking of these undocumented immigrants. USCIS Interim Final Rule On March 7, 2025, USCIS published an Interim Final Rule (IFR) to bring the alien registration requirement announced in February in action. This rule will be published in the Federal Register on March 12, 2025, and will take effect on April 11, 2025. Key provisions of IFR include: • Starting April 11, 2025, all noncitizens must register through a myUSCIS online account. • Applicants must register using Form G-325R, which will collect important details such as contact information, legal name, addresses, birth date, email, nationality, and past activities. • Registration is initially free, but in future noncitizens may have to pay a $30 fee. • Failure to register or carry valid proof will result in a fine up to $5,000/ imprisonment for up to 30 days, or both. Key Provisions of Executive Order 14159 • Mandatory registration for certain foreign nationals: Foreign nationals 14 years of age or older must apply for registration and schedule a fingerprinting appointment. Immigration enforcement & legal consequences: DHS, ICE, and USCIS will keep track of all registered immigrants, and any sort of non-compliance will lead to serious penalties, criminal charges, and complications in immigration cases. • Expansion of biometric data: Biometric data collection, including fingerprinting and facial recognition, will become mandatory for many immigrants • Federal & local agency involvement: The Government will allow authorities to broaden their reach, enabling the FBI, DOL, and local law enforcement to intervene when required. Who Needs to Register? Foreign nationals who fall under these categories must register: • All aliens 14 years of age or older who were not registered and fingerprinted (If required) when applying for a visa to enter the United States and who remain there for 30 days or more. They must apply prior to the expiry of those 30 days. • The parents and legal guardians of aliens under 14 years of age who have not been registered and remain in the United States for 30 days or longer before the expiration of those 30 days. • Aliens, whether previously registered or not, who turn 14 years old in the U.S. within 30 days after their 14th birthday. Who is Considered Registered? A foreign national will be considered registered if they fall into any of the following categories: • Lawful permanent residents • Individuals paroled into the U.S. under I.N.A. 212(d)(5), even if their parole is expired. • Individuals admitted to the United States as nonimmigrants with a Form I-94 or I-94W (paper or electronic) • Individuals issued immigrant or nonimmigrant visas before they arrived in the U.S. • Individuals placed in removal proceedings by DHS. • Individuals with employment authorization documents (EADs) • Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, or I-700. Even if their applications were denied, they will be considered registered. Who is Considered Not Registered? • Aliens who are present in the United States without inspection and admission or inspection and parole. • Canadian visitors who came into the United States at land ports of entry but were not issued evidence of registration. • Aliens who submitted one or more benefit requests to USCIS, including applications for DACA or TPS, but were not issued any proof of registration. Process for Registration DHS will soon announce the official registration process for undocumented immigrants. However, starting February 25, 2025, applicants are required to create their USCIS online account. Key steps applicants will have to follow include: Create an online account: Aliens must sign up for their online account by visiting the official website of USCIS. Complete and submit the Form G-325R: Once the new form is released, they must fill in all the details carefully and complete their registration via their account. Schedule fingerprinting appointment: Once the application is submitted and reviewed by USCIS, some applicants may be required to attend an in-person biometrics appointment at an Application Support Center (ASC) Receive proof of registration: After completing the registration and biometric appointment, USCIS will share a proof of registration to the applicant’s myUSCIS account. Consequences of Non-Compliance The purpose of Executive Order 14159 is to enhance scrutiny and implement stricter border guidelines to protect citizens of the United States. Noncompliance in this case will lead to severe consequences such as: • Legal penalties: Failure to adhere to the USCIS guidelines will lead to serious fines, sanctions, or criminal charges. • Loss of immigration status: Failure to comply will lead to possible visa revocation, denial of renewal, or ineligibility for future immigration benefits. • Detention and deportation: In severe cases, aliens may be detained by immigration authorities and removed from the country. • Employment restrictions: Aliens will not be allowed to work legally under U.S. employers and will have difficulty in securing future employment. • Ineligibility for benefits: Aliens will not be subject to any benefits and will be disqualified from benefit programs such as residency, naturalization, and legal protections. How Can Immigrants Prepare? With the help of a structured approach, immigrants can easily prepare for the registration process, maintaining compliance with the immigration laws. Some actionable steps to follow are: • Stay Informed: Stay updated on the latest immigration policies, deadlines, and legal updates by following the official website of USCIS. • Create the account: Create a USCIS online account to avoid last-minute delays. • Collect documentation: Collect all essential documentation, such as identification proof, past immigration records, and proof of residence. • Seek legal advice: To understand your rights as an immigrant and avoid any errors during the registration process, consult an experienced immigration attorney. • Keep proof of evidence safe: Once registered, always carry your proof with you to stay compliant with the USCIS guidelines. Summing Up On January 20, 2025, President Trump signed an executive order to protect the American people against invasion. In response to this order, on February 25, 2025, USCIS announced a new alien registration requirement that many foreign nationals will have to follow. Executive Order 14159 mandates alien registration to improve national security, enforce stricter policies, and reduce illegal immigration. The registration will be completed using the Form G-325R and DHS will soon release the official registration process. Until then, all applicants must create their myUSCIS account and stay informed on the latest immigration policies, deadlines, and legal updates. Failure to comply with these immigration guidelines will result in serious legal penalties, loss of immigration status, detention, and employment restrictions. OnBlick will continue to monitor USCIS and will let you know as soon as new updates become available. For now, if you’re interested, book a free demo to explore how we can assist you with your immigration case management.

Securing an H-1B approval is a huge milestone, but an employer’s responsibilities do not end here. Once the H-1B petition is approved, employers must assist the H-1B beneficiaries with visa stamping, submission of Form I-9, onboarding, and other important tasks. All these steps must be completed promptly as failure to do so may result in noncompliance. This blog outlines the key steps employers must follow to ensure compliance with USCIS guidelines once their H-1B petition is approved. Important Steps to Follow After H-1B Visa Approval STEP 1: Review the H-1B Approval Notice (Form I-797) Form I-797, also called the “receipt notice” or “approval notice”, is an important document issued by USCIS to notify H-1B petitioners and beneficiaries about their petition approval. For H-1B petitions, USCIS issues either Form I-797A or I-797B. Form I-797A is given to individuals who are already in the U.S and includes a Form I-94 notice, which proves legal status and work Authorization. Form I-797B is issued when H-1B beneficiary is outside the U.S. or when a change of status is not granted. Once Form I-797 is received, employers must carefully review the details such as employee’s name, position title, salary, and employer’s address. Any discrepancies should be directly reported to the USCIS to prevent future complications. STEP 2: Notify the H-1B Beneficiary The employer must notify the H-1B worker about their petition approval and provide them with the Form I-797 copy. This document proves the employee’s work authorization and immigration status. STEP 3: Determine the H-1B Beneficiary’s Current Location If the H-1B worker is inside the U.S. and has received H-1B approval as a Change of Status (COS), they can start working on the date mentioned in the Form I-797. The employer must make sure that the worker is aware of their work authorization and other important details, such as start date, location, and wage details. If the H-1B worker is outside the U.S., assist them in scheduling a visa appointment through the Department of State’s process at a U.S. consulate or an embassy in their home country. STEP 4: Help the H-1B Beneficiary with H-1B Visa Stamping (if required) If the H-1B worker is outside the U.S., the employer must help them with the entire visa stamping process. They can: Assist in completing the Form DS-160: Guide the H-1B worker in accurately filling out the Form DS-160 and paying the $185 visa application fee. Schedule the visa appointment: Once Form DS-160 is properly submitted, help the H-1B worker in scheduling a visa appointment at a U.S. consulate or an embassy in their home country. Note: The visa appointment can be scheduled up to 90 days before the petition start date Ensure proper documentation: Make sure the H-1B worker has all crucial documents such as: 1. Copy of Form I-797 approval notice 2. Valid passport 3. DS-160 confirmation page 4. Visa fee receipt 5. Employment verification letter 6. Educational credentials 7. Resume/CV 8. A certified LCA copy Prepare for the interview: Help the H-1B worker effectively prepare for the interview by guiding them about the interview process and ensuring proper documentation. Follow-up post-interview: Help the H-1B worker track their visa status and assist them in case of possible discrepancies. STEP 5: Prepare for the H-1B Beneficiary’s Arrival in the U.S. (if required) Confirm the expected date of arrival with the H-1B worker and make sure they have all the required documents, including Form I-797, a valid visa stamp, and their job offer letter Assist them with their travel and accommodation to ensure a smooth arrival. STEP 6: Verify Employee’s Form I-94 Upon Arrival Form I-94, also called the “Arrival/Departure Record”, is an important document that is issued by the U.S. Department of Homeland Security (DHS). This document confirms your lawful presence in the United States and determines the H-1B worker’s period of authorized stay. The employer should guide the H-1B worker on retrieving their I-94 record from the official CBP website. STEP 7: Verify Work Authorization & Complete Form I-9 Form I-9 is a crucial document for U.S. employers who hire H-1B workers, as it verifies an employee’s identity and work eligibility, ensuring compliance with the USCIS guidelines. The employee must complete section 1 of Form I-9 on the first day of employment, and section 2 of Form I-9 must be filled by the employer within three days of the employee’s date of joining. STEP 8: Ensure Compliance with LCA Terms The Labor Condition Application (LCA) is a document that ensures H-1B employees are paid fairly and equally to U.S. employees. It helps create a transparent working environment, preventing the exploitation of foreign workers. To maintain compliance with the Department of Labor’s guidelines, employers must review the prevailing wage offered to the employee and make sure the employee is compensated fairly. STEP 9: Set Up Payroll, Benefits, & Employee Onboarding Ensure the employee is added to the payroll with the correct wage as per the LCA and has access to all employee benefits such as health insurance, retirement plans, and other company benefits. Provide the employee with all essential onboarding documents, brief them about the company’s policies, and arrange compliance training. STEP 10: Maintain Compliance & Track Visa Expiry Maintain the Public Access File (PAF), which must contain all the important documents such as all H-1B documents, LCA, and wage details. Track visa expiration and set reminders to ensure you don’t miss the renewal process. Monitor the working conditions and conduct regular internal audits to stay audit ready. Common Challenges & Tips to Avoid Them To stay compliant with the USCIS guidelines, employers must know the common challenges after H-1B approval and key tips to avoid them. Some common challenges H-1B employers may face include: 1. Lack of proper documentation Challenge: Employers often struggle with managing H-1B documentation, which can put them in a tough spot during USCIS audits and lead to compliance issues. Solution: Employers must maintain all important H-1B documents in an organized manner and make sure they are easily accessible. 2. Delays in visa stamping Challenge: Employees outside the U.S. may face delays in scheduling visa interviews at U.S. consulates or embassies. Solution: To avoid delays, employers should encourage employees to book a visa appointment as early as possible. 3. Inaccurate filling of Form I-9 Challenge: Inaccurate or incorrect filling of Form I-9 can lead to noncompliance, resulting in serious fines and work authorization issues. Solution: Ensure all details are filled correctly and review the entire form twice before submission. 4. Issues with LCA compliance Challenge: If the offered wage does not match the wage conditions mentioned in the LCA, it causes noncompliance, leading to serious legal and financial consequences. Solution: Ensure wage consistency by cross-checking payroll records with LCA requirements and adjusting if required. 5. Work location & remote work requirements Challenge: If the employee chooses to work from a different work location or remotely, the employer may have to file a new LCA and a petition amendment. Solution: Employers must consult an experienced immigration attorney before approving remote work or relocation. 6. H-1B extension & green card sponsorship Challenge: H-1B status is valid for a maximum of 6 years, and if the employee wishes to stay longer, they will need an employment-based green card or another visa status. Solution: To avoid work authorization gaps, the employer should start the green card process early and, if an extension is required, file before the current H-1B expiration. 7. Handling layoffs & termination Challenge: Terminating an H-1B employee requires strict compliance with immigration laws. Employers must notify USCIS, provide return transportation for employees outside the U.S., and document the entire process. Solution: Follow a transparent termination policy. Notify the employee in advance so they can seek other visa options or transfer their H-1B to a new employer within the 60-day grace period. Summing Up After the H-1B approval, employers must follow certain mandatory steps to maintain compliance with the USCIS guidelines and help the new hire settle in. They must provide the H-1B beneficiary with a copy of Form I-797 notice and assist them with visa stamping. Once the employee arrives in the U.S, the employer must properly file the Form I-9 to ensure compliance with the USCIS guidelines. The H-1B post-approval process can be a bit complex and H-1B employers often struggle with issues such as visa stamping delays, lack of proper documentation, inaccurate submission of Form I-9, and H-1B extension and green card sponsorship. However, with a well-structured approach, these challenges can be effectively managed. OnBlick ensures a smooth H-1B approval process, helping you seamlessly manage LCAs, Forms I-9, and PAF. Managing H-1B compliance has never been this easy. Book your free demo today!

In today’s fast-paced corporate world, efficiency is not just an advantage - it’s an absolute necessity. While traditional automation helps streamline tasks, it’s not enough to maintain a competitive edge. The solution? Artificial Intelligence (AI), which takes productivity to the next level, enabling businesses to stay ahead. And AI is no longer a buzzword; it’s a powerful tool that automates repetitive tasks, minimizes errors, and delivers deep insights for smarter decision-making. This blog explores how employers can seamlessly integrate AI into their workflows to enhance productivity and optimize routine operations. How Does AI Improve Workflow Efficiency AI automation began in the early 2000s when businesses started using simple rule-based tools such as macros and workflow software, cutting down the manual effort significantly. The 2010s then brought Robotic Process Automation (RPA), which freed businesses from the constant pressure of repetitive tasks, while AI-powered analytics and chatbots took decision-making and customer service to a whole new level. By the 2020s, AI was running workflows, optimizing tasks, and creating content. Now, with generative AI and smart assistants, businesses are moving toward a future where AI will transform the way businesses operate. AI can improve workflow efficiency by: Automating repetitive tasks: AI workflows help organizations save time and money by automating repetitive tasks that rarely require manual intervention, allowing employers to save money and focus more on tasks that require their complete focus. Improving decision making: AI workflows are designed to process huge amounts of data in just a couple of seconds and analyze patterns that humans normally would miss, allowing it to make informed and strategic decisions and eliminate the risks of error bias. Enhancing accuracy: AI workflows are highly accurate in reducing errors in repetitive tasks due to being able to process large data sets seamlessly which allows them to assess patterns manual labor might sometimes miss, leading to more precise and consistent results. Boosting productivity: AI workflows boost the overall productivity of the team by managing routine tasks seamlessly and allowing employees to use their time wisely and focus on complex issues that require critical thinking and strategic planning. Increasing scalability: The long-term vision of businesses is to always keep growing and when businesses expand, their operations expand too, making it difficult for traditional automation to manage it effectively. However, AI workflows take care of this by effectively managing growing data volumes and effortlessly adapting to the changing market conditions. How to Implement AI for Seamless Workflow To smoothly integrate AI in your daily operations and enhance work efficiency, employers need to follow a systematic approach that will allow them to eliminate confusion and maximize the overall impact. Here’s what to keep in mind: Identify workflow bottlenecks & repetitive tasks: Before implementing AI workflows, organizations must know where they lack productivity or where in the business, most inefficiencies occur so that changes can be made accordingly without disrupting the normal flow of daily operations. Determine businesses’ needs and requirements: To select the right AI solution that aligns with the organization’s long-term vision, employers need to evaluate the types of business complexities they encounter regularly. For example: Businesses that struggle to streamline their customer service operations can opt for an AI solution such as chatbots or virtual assistants, which helps them provide effective 24/7 support and handle large amounts of queries easily. Choose the right tools: No matter how well-planned the strategy is, if you do not choose the right tools then your business won’t be able to reach its true potential. By following a structured approach and clearly defining the objectives, employers can select tools well-suited for their requirements. Example: If a US-based firm is struggling with HR compliance, onboarding, or immigration case management, they need an AI-powered software like OnBlick, which streamlines HR tasks and ensures legal HR and immigration compliance. Start small and scale effectively: There is a diverse range of AI tools available in the market but utilizing them all at the same time won’t make much difference and can negatively affect the productivity of your daily operations. This is why employers should first implement AI in a single department and then expand eventually. Example: If a company struggles with resume screening, it can leverage AI-powered resume screening before implementing AI-driven chatbots for interview coordination. Train the workforce: Many employees struggle to use AI tools confidently due to unfamiliarity with the technology and their reluctance to adapt. To help employees get a better understanding of AI and change their perspective towards the future of Artificial Intelligence, employers must foster a culture of continuous learning and provide regular training sessions to ensure smooth adaption and integration. Monitor regularly and optimize: AI models are trained on data, and while not all, some algorithms require continuous optimization to improve accuracy. That’s why it’s crucial to monitor performance and retrain with new data to maintain or enhance outcomes. Generative AI, in particular, benefits from frequent updates, as its ability to generate relevant and high-quality content depends on exposure to fresh data and evolving patterns. Summing Up The evolution of automation has transformed business operations, progressing from basic rule-based systems to advanced AI-driven solutions that enhance customer service and provide valuable insights for smarter decision-making. To successfully integrate AI into their daily workflows, employers must first identify inefficiencies and pinpoint areas for improvement. Choosing the right AI tools tailored to their needs is essential, along with continuous monitoring and retraining of AI models to ensure accuracy and relevance. By fostering a culture of continuous learning and innovation, including regular training sessions, businesses can empower employees to adopt and leverage AI effectively, maximizing efficiency and long-term success.