On February 8, 2021, USCIS published a notice delaying the effective date of a final rule on the H-1B selection process until December 30, 2021. That means this year (or FY2022), the H-1B selection process for H-1B cap-subject petitions will remain the same as in 2020. Any prospective H-1B beneficiaries or employers will need to start their…
A small boutique airline services company that had never employed an H1B Beneficiary previously reached out to us about a potential employee. The employee had a Business Administration degree while his role related to develop pricing models. We worked with the employer and beneficiary on the H1B requirements, and in particular a role that could potentially be interpreted by USCIS as…
With the new H-1b registration process upon us and the lack of clarity of certain important factors. How can you increase your chance of getting your H-1B approved….well after it’s accepted? Electronic Registration, Lottery, Deadlines and More H-1B Electronic Registration Like we discussed in our previous H-1b blog post, March 1 – March 20 is…
On January 09, 2020, USCIS officially announced the implementation of the new H-1B registration process for H-1B cap-subject petitions on the Federal Register. Employers seeking to file the upcoming Fiscal Year 2021 H-1B cap-subject petitions must first electronically register and pay a non-refundable $10 fee for each registration to enter the H-1B lottery. Employers with…
Despite the increased trend of H-1B denials or RFEs, the laws governing the eligibility of H-1B visa or better known as the H-1B speciality occupation worker visa remains pretty much the same. Generally, to be qualified for a H-1B visa, you must be able to fulfil the following requirements: a minimum of a bachelor’s degree…
We are delighted to announce that we have received our first TWO approved H-1B cases (FY2019) today without a request for evidence (H-1B RFE). While a majority of our H-1B cases have been accepted by the USCIS via the lottery system this year, we are hoping the remaining H-1B cases will get selected as well. Alternatively,…
The H1B visa holder’s spouse and dependent children are eligible for H4 visas. Spouses and dependent children can legally reside the in the U.S. Under current regulations, H4 holders can attend school, but are not authorized to work. As of May 2014, the Department of State announced a new rule that proposes the extension of…
During the H1B visa holder’s term of stay, there is also the possibility of changing employer. According to the American Competitiveness in the Twenty-First Century Act of 1998 (AC21), special provisions are made for H1B workers to change jobs. This portability allows employees already on H1B status to move jobs without losing status. The new…
During the H1B visa holder’s 6 year stay, he or she is eligible to apply for legal permanent residence through their employer from within the United States. Permanent residence is commonly known as a “green card“. The beneficiary’s immigration status will go from non-immigrant H1B visa holder, to immigrant status or permanent resident. If the…
The USCIS is extremely cautious when it comes to evaluating fraud in H1B visa applicants, and because of this a petitioner must be vigilant in providing documentation. It is the responsibility of the employer to petition for the entry of the foreign worker. Beyond responsibility for filing the H1B, the employer must also submit a…
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