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Posts Tagged ‘#H-1B’

Latest Update on the H-1B Visa Application Process

Posted on: February 11th, 2019

By: Layli Eskandari Deal

The U.S. Department of Homeland Security (DHS) has issued a final rule implementing changes to the H-1B visa program for petitions filed under the H-1B cap (better known as the H-1B visa lottery).

The rule reverses the order whereby USCIS selects H-1B petitions for the standard allotment of 65,000 visas and the 20,000 visas allocated for the advanced-degree exemption. It also adds an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The final rule is scheduled to become effective on April 1, 2019.

Under the reverse selection process, USCIS will first select H-1B petitions for the general allotment of 65,000 visas. Then USCIS will select from the remaining petitions a number estimated to reach the advanced degree exemption. The reverse selection rule applies to petitions filed for the FY 2020 H-1B cap season (this year). The agency expects the lottery reversal to increase the number of individuals selected who possess an advanced degree from a U.S. institution.

The rule also implements an electronic registration requirement for H-1B cap-subject petitions which DHS has postponed until next cap season (FY 2021). Once implemented, it will require those seeking to file H-1B cap petitions to first electronically register with USCIS. Only petitioners whose registrations are selected will then be able to file an H-1B cap-subject petition.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Layli Eskandari Deal of the law firm of Freeman Mathis & Gary, LLP at 770.551.2700 or [email protected].

USCIS Reverses Course – STEM OPT Students May Now Work At 3rd Party Client Sites

Posted on: September 18th, 2018

By: Ken Levine

On August 17th U.S. Citizenship and Immigration Services (USCIS) posted an announcement on their website to publicize the agency’s decision to once again allow STEM OPT F-1 students to engage in training programs at a third-party client worksite.  This update supersedes the Agency’s policy change in April 2018 which disallowed STEM OPT students from being placed at 3rd party client sites.

This new guidance essentially restored an employer’s ability to place OPT students in a science, technology, mathematics or engineering (STEM) field at a 3rd party client site, so long as all applicable training obligations are met, and a bona fide employer/employee relationship is maintained for the full duration of the assignment.

This USCIS policy reversal was welcome news for the many U.S. employers who had historically trained their OPT personnel by placing them at 3rd party work sites.  However, it is extremely important that employers be vigilant in ensuring that the training is in full compliance with the I-983 training program. Companies that sponsor their OPT employees for an H-1B visa should expect that USCIS will closely scrutinize the OPT training program details.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Ken Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

H-1B Visa Lottery: More Than One Ticket to the Jackpot?

Posted on: April 5th, 2018

By: Layli Eskandari Deal

The answer is No.  U.S. Citizenship & Immigration Services (USCIS) has adopted a ruling made by the Administrative Appeals Office (AAO) to prohibit multiple H-1B visa request by related entities on behalf of the same beneficiary for the same fiscal year.

Under the H-1B visa cap, employers are only allowed to submit one visa petition on behalf of a beneficiary.  Multiple filings are prohibited. The underlying case arose from USCIS revoking an approved visa petition reasoning that that the employer and a “related entity” had filed for the same beneficiary under the visa cap.

Matter of S-, Inc. (AAO March 23, 2018) clarifies that that the term “related entities” includes “employers, whether or not related through corporate ownership and control, that file cap-subject H-1B visa petitions for the same beneficiary for substantially the same job.  Absent a legitimate business need to file multiple cap-subject petitions for the same beneficiary, U.S. Citizenship & Immigration Services will deny or revoke the approval of all H-1B cap-subject petitions filed by related entities for that beneficiary.”

In making its decision, the Administrative Appeals Office points to regulation and ultimately fairness in the visa number allocation process.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Layli Eskandari Deal of the law firm of Freeman Mathis & Gary, LLP at (770-551-2700) or [email protected].

Planning To File Your 2018 H-1B Cap Case Under Premium Processing? Not So Fast…

Posted on: March 27th, 2018

By: Kenneth S. Levine

On March 20th USCIS announced an indefinite suspension of the premium processing program for H-1B visa petitions that are subject to the 2018 statutory cap.  The annual statutory cap limits the total of H-1B visas that can be approved in any one year to 85,000, 20,000 of which are set aside for foreign nationals who obtained a Master’s degree from a regionally accredited college or university in the U.S.

H-1B cap exempt petitions, which applies to higher education institutions, non-profits affiliated with a higher education institution and non-profit or governmental research organizations, remain eligible for premium processing.

The USCIS announcement made clear that any H-1B petitions that include a request for premium processing would simply be rejected and returned to the employer. The suspension of the premium processing service does not apply to petitions for renewals, amendments or transfers of H-1B visas.

It should be noted that USCIS also suspended premium processing in March 2017 for H-1B cap and cap exempt cases.  The program was reinstated around 6 months later.  Therefore, FMG Immigration Attorneys are cautiously optimistic that premium processing for soon to be filed H-1B cap cases will resume in October 2018.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

Gearing Up for H-1B Season

Posted on: January 14th, 2016

By: Nina Maja Bergmar

With less than three months left before the FY 2017 filing period, it is high time for employers to start gearing up for this year’s H-1B season.

Under the current cap system, the USCIS allots a mere 65,000 visas per year for applicants with a Bachelor’s degree and 20,000 additional visas for applicants with advanced degrees. Last year, the USCIS received a whopping 233,000 H-1B petitions within the first six days of the filing period, after which it stopped accepting applications altogether. The Commission then performed a computer-generated process to randomly select 85,000 visas to review and rejected the remaining applications outright.

The continuous increase in petitions over the last few years is a strong indicator that the statutory cap will be reached within the first week of this year’s filing period. Employers should therefore be ready to file their petitions on April 1, 2016—the first day of the filing period—to maximize their chances of securing an H-1B visa.

While obtaining an H-1B visa for a prospective employee can seem daunting, FMG’s attorneys are available to help guide employers through each step of the process. We are also available to discuss other types of non-immigrant visas, such as L-1 intracompany transferee visas, H-3 trainee visas, J-1 intern/trainee visas, and TN visas, as well as how to obtain a Green Card through employment.