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…
H1B visas are the most sought after visa category for immigrants with a Bachelor’s degree, and have very specific requirements. A specialty occupation must fulfill two main qualifications; first it must require a “theoretical and practical application of a body of highly specialized knowledge,” and second it must require a specific academic background, or specialized…
The H1B work visa is one of the most popular employment based temporary visas. This non-immigrant visa allows foreign workers of a “specialty” occupation to work and reside in the United States for up to six years, in addition to their spouse and dependent children. In an H1B petition, the employer is the petitioner, while…
The Department of Labor published statistics for cases filed in 2014, year to date. The statistics can be found at this link: http://www.foreignlaborcert.doleta.gov/pdf/PERM_Selected_Statistics_FY2014_Q3TD.pdf. Some interesting observations are PERM applications are down 7% from 2013 year to date. The decrease in PERM numbers can either be attributed to the backlog or retrogression seen for China and India….
Comprehensive immigration reform in its current incarnation as The Border Security, Economic Opportunity, and Immigration Modernization Act, referred here as S. 744, is making its way from the Senate Judiciary Committee for a full debate and vote on the Senate Floor [1]. A recent Washington Post article finds that most Americans, 58 percent, support the most…
All content & images © copyright 2007-2019 Cipolla Law Group. All Rights Reserved.
