When Immigration Matters

Can you believe that H-1B Season is upon us?   Each year, I say it seems like yesterday we filed last year’s H-1B Cap cases.  This year is particularly true as we have only recently received all decisions on April 2019 H-1B Cap Cases.  USCIS issued the most requests for evidence and denials it has ever issued on H-1B Cap cases.  In fact, USCIS has stated that it issued requests for evidence in 70 percent of the H-1B Cap cases filed.  So, what have we learned?

On January 9, 2020, Department of Homeland Security published a notice in the Federal Register to formally announce implementation of a new H-1B registration process. 

On February 2015, DHS published a final rule providing employment authorization to spouses of certain H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. 

Can you believe that H-1B Season is upon us!   Each year, I say it seems like yesterday we filed last year’s H-1B Cap Cases. This year is particularly true as we are still responding to Requests for Evidence and waiting for decisions on April 2018 H-1B Cap Cases. USCIS issued the most requests for evidence and denials it has ever issued on H-1B Cap cases. In fact, USCIS has stated that it issued requests for evidence in 70 percent of the H-1B Cap cases filed. So, what have we learned?

Trump’s proposed changes to business visas may have significant negative implications for businesses trying to employ skilled immigrants.  The H-1B visa in the United States is a visa which allows U.S. employers to employ foreign workers in specialty occupations.  The regulations define a “specialty occupation” as requiring theoretical and practical knowledge in a field of human endeavor including, but not limited to: biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health, economics, education, research, law, accounting, business specialties, technical writing, theology and the arts, and requiring the attainment of at least a bachelor’s degree or its equivalent, and state licensure, if required to practice in that field.

On April 1, 2018, the United States Citizenship and Immigration Service (USCIS) begins accepting H-1B visa applications for the 2019 fiscal year (which starts on October 1, 2018). Last year, U.S. Citizenship and Immigration Services (USCIS) received in excess of 200,000 petitions during the five-day filing period and as in past years conducted a random lottery to select the 85,000 petitions that would be eligible for processing. 20,000 of those visas are reserved for Beneficiaries with a Master degree from a U.S. University. We expect that there will be just as many applications this year. During FY 2019, cases will be considered accepted on the date that USCIS takes possession of the petition, as opposed to the date it was postmarked.

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation for a period of three years. The visa can be extended for an additional three years. The employer can also employ the employee part-time.

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation for a period of three years. The visa can be extended for an additional three years. The employer can also employ the employee part-time.

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation for a period of three years. The visa can be extended for an additional three years. The employer can also employ the employee part-time.