Immigration resource news magazine for United states of america» H-1B Cap

USCIS Met FY 2020 H-1B Cap

Tiyalaw — Fri, 05 Apr 2019 22:23:15 +0000

USCIS Met FY 2020 H-1B Cap

On April 5, 2019, USCIS had received sufficient H-1B visa cap petitions for the 2020 fiscal year (FY), to meet the annual 65,000 H-1B visa cap and the 20,000 H-1B visa master’s cap (U.S.-advanced-degree visa exemption).

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Visa Petitions on April 1, 2019.

H-1B visa petitions that are not selected will be rejected and returned with their filing fees.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent may be sponsored for H-1B visas. A broad range of positions may fall under H-1B specialty occupations, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Visa Cap

Not all H-1B petitions are subject to the visa cap, depending on the types of H-1B petition being filed or entity-sponsor. For examples, when applicable, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B

In general, H-1B work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas may be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers are Used Up

Potential H-1B candidates who do not make it to the 2020 FY H-1B visa cap (October 1, 2019 employment start-date) have the options to have their H-1B cap visa petitions submitted or resubmitted to USCIS on or after April 1, 2020 (October 1, 2020 employment start-date) for the FY 2021 H-1B visa cap. They may also consider other immigration options such as other temporary or green card status, if eligible.

For more information on USCIS H-1B Cap selection process, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2020-cap-season

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; and many more.

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USCIS Returned All Unselected H-1B Cap Petitions

Tiyalaw — Tue, 31 Jul 2018 17:36:56 +0000

USCIS Returned All Unselected H-1B Cap Petitions

On July 30, 2018, USCIS indicated it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the H-1B lottery system (computer-generated random selection process).

Petitioners with H-1Bs that were received by USCIS between April 2 and April 6, 2018, and who have not received a receipt notice or a returned petition by August 13 should contact USCIS for assistance at https://www.uscis.gov/about-us/contact-us .

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-returns-unselected-fiscal-year-2019-h-1b-cap-subject-petitions

H-1B Cap Petitions Not Selected or Filed After H-1B Cap is Met: Potential H-1B candidates who do not make it to the 2019 FY H-1B visa cap (October 1, 2018 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2019 (October 1, 2019 employment start-date or later) for the FY 2020 H-1B Cap. They may also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

July 30, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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USCIS Met FY 2019 H-1B Cap

Tiyalaw — Fri, 06 Apr 2018 16:53:14 +0000

USCIS Met FY 2019 H-1B Cap

On April 6, 2018, USCIS had received sufficient H-1B Cap Petitions for the 2019 fiscal year (FY), to meet the annual 65,000 H-1B work visa cap and the 20,000 master’s cap (U.S.-advanced-degree visa exemption).

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions on April 2, 2018.

Premium processing for H-1B Cap Petitions cases selected in the lottery system have been suspended until September 10, 2018. For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

H-1B Cap Petitions that are not selected will be rejected and returned with their filing fees.

What is an H-1B?

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the 2019 FY H-1B visa cap (October 1, 2018 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2019 (October 1, 2019 employment start-date or later) for the FY 2020 H-1B Cap. They may also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

For more information on USCIS H-1B Cap selection process, please visit: https://www.uscis.gov/news/alerts/uscis-reaches-fy-2019-h-1b-cap

April 6, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration Will Begin Returning H-1B Cap Cases Not Selected in the Lottery System. What Can You Do if You Have Not Heard About Your H-1B Cap Petitions?

Tiyalaw — Tue, 03 May 2016 03:05:41 +0000

Immigration Will Begin Returning H-1B Cap Cases Not Selected in the Lottery System. What Can You Do if You Have Not Heard About Your H-1B Cap Petitions?

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. USCIS had long completed its computer-generated random selection process (lottery system) which started on April 9, 2016.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit.

For some time now, USCIS has been issuing receipt notices for the above H-1B Cap Petitions filed under premium processing, regular processing, and U.S. advanced degree.

Normally, all USCIS receipt notices for selected H-1B Cap Petitions were being issued within several weeks of the lottery system (random selection process).

USCIS announced on May 2, 2016 that it has completed all its data entry of H-1B Cap Petitions selected in its lottery system. USCIS will now begin returning all H-1B Cap Petitions not selected. Due to the overwhelming number of H-1B Cap Petitions received, USCIS is not certain when it will complete returning all the unselected petitions but will issue an announcement once they are all returned to the employers (petitioners). Previously, H-1B Cap Petitions not selected in the lottery system were being returned throughout the summer.

USCIS urges employers (petitioners) not to inquire on the status of their H-1B Cap Petitions until they have received a receipt notice or a return of an unselected petition. This will allow USCIS to better-use their resources such as on adjudicating cases and completing the necessary return of unselected petitions.

On May 12, 2016, USCIS will begin premium processing of H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days. Additionally, employers have the option to upgrade their selected H-1B Cap Petitions to premium processing.

All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. Certain employers are cap exempt.

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

H-1B candidates who has not made it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

Tiyalaw — Sat, 30 Apr 2016 18:59:36 +0000

Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. USCIS had long completed its computer-generated random selection process (lottery system) which started on April 9, 2016.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit.

For some time now, USCIS has been issuing receipt notices for the above H-1B Cap Petitions filed under premium processing, regular processing, and U.S. advanced degree.

Normally, all USCIS receipt notices for selected H-1B Cap Petitions were being issued within several weeks of the lottery system (random selection process). H-1B Cap Petitions not selected in the lottery system were being returned in the summer.

On May 12, 2016, USCIS will begin premium processing H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days.

What is an H-1B?

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Rising Demand on H-1B Visa Numbers is a Sign of Strong U.S. Economy

Tiyalaw — Sat, 30 Apr 2016 17:30:51 +0000

Rising Demand on H-1B Visa Numbers is a Sign of Strong U.S. Economy

A rising demand for H-1B workforce is a positive sign of a stronger U.S. economy.

The demand for visas numbers for H-1B Cap-Subject Petitions is showing a pattern of increase over the years. The H-1B Cap-Subject Petitions received by U.S. Citizenship and Immigration Services (USCIS) were around 236,000 in 2016; 233,000 in 2015; 172,500 in 2014; and 124,000 in 2013.

In 2012, H-1B visa quota was not met until June 2012 (i.e. visa numbers used up only in June 2012). However, in 2013 and for the first time since 2008, USCIS met its H-1B visa quota within the first few days of April 1, 2013. April 1 is the first day USCIS begins accepting H-1B Cap-Subject Petitions.

H-1B Annual Work Visa Cap

Each year on April 1, USCIS begins accepting H-1B Cap Petitions for the upcoming fiscal year (FY) with an October 1 employment start-date for the annual 65,000 government-mandated cap, and the 20,000 exemption for H-1B under the U.S. advanced degree.

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions with duplicate filings will not be returned.

What is an H-1B?

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016

Tiyalaw — Sat, 23 Apr 2016 02:04:23 +0000

Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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US Immigration Completes its Random Selection Process for 2017 H-1B Cap

Tiyalaw — Wed, 13 Apr 2016 01:03:51 +0000

US Immigration Completes its Random Selection Process for 2017 H-1B Cap

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

USCIS plans to process the above H-1B Cap Petitions selected in the lottery system no later than May 16, 2016. However, in prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

What is an H-1B?

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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USCIS Reaches 2017 H-1B Visa Cap/Quota

Tiyalaw — Fri, 08 Apr 2016 00:58:20 +0000

USCIS Reaches 2017 H-1B Visa Cap/Quota

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS had received more than sufficient H-1B Cap Petitions to meet the cap. Due to the overwhelming numbers of H-1B Cap Petitions received, USCIS is not yet certain when it will conduct its computer-generated random selection process (lottery).

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection for the 65,000 limit.

For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

What is an H-1B?

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2017 (October 1, 2017 employment start-date or later) for the Fiscal Year 2018 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

Tiyalaw — Wed, 17 Dec 2014 00:44:35 +0000

USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

H-1B Annual Work Visa Cap

On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.

In April 2014, the USCIS received many more petitions than the visa quota. As such, the USCIS selected cases based on random selection process (lottery). On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions. The USCIS finished its computer-generated random selection process (lottery) on April 10, 2014. Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S.

Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card), and then U.S. citizenship.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2016 H-1B visa quota (October 1 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2016 (October 1, 2016 employment start-date or later) for the Fiscal Year 2017 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.