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

H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Tiyalaw — Sat, 29 Sep 2018 02:56:43 +0000

H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Immigration law provides that certain F-1 students with pending or approved cap-subject H-1B Petitions that have been timely field for the Fiscal Year (FY) 2019 for change-of-status for an October 1, 2018 H-1B start-date will have their F-1 status or F-1 work authorization automatically extended during the cap-gap period (unless the F-1 status/work authorization is otherwise terminated).

Cap-gap is the gap period between the expiration of an F-1 status or F-1 work authorization until September 30, 2018. Cap-gap doesn’t apply if such H-1B Petition is rejected or denied before October 1, 2018.

Cap-gap extension of an F-1 work authorization terminates automatically on October 1 2018. Any F-1 cap-gap beneficiaries whose H-1B Petitions are still pending would no longer be eligible to work starting October 1, 2018 and will accrue unlawful presence if they continue working. However, they may wait in the U.S. (unless there is an immigration violation such as unauthorized employment). However, pending change-of-status H-1B beneficiaries whose F-1 work authorization remains valid independently (not pursuant to cap-gap; i.e. I-765 card that is valid beyond September 30, 2018) may continue working.

At this time, premium processing for certain H-1B Petitions including H-1B Petitions subject to FY 2019 Visa Cap are temporary suspended until February 19, 2019.

For additional information, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

September 28, 2018

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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H-1B Premium Processing is Further Suspended

Tiyalaw — Tue, 28 Aug 2018 22:54:37 +0000

H-1B Premium Processing is Further Suspended

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) is further suspending premium processing until February 19, 2019 for all H-1Bs Petitions filed with California and Vermont Service Centers except for the following:

1. Cap-exempt H-1B Petitions by cap-exempt employers filed with California Service Center.

2. H-1B Petitions without any change or amendment filed with Nebraska Service Center.

Previously, USCIS has been suspending H-1B premium processing for H-1B Cap Petitions only until September 10, 2018.

Outside of premium processing, USCIS may still consider expedite request on a discretionary and case-by-case basis.

Premium processing is filed via Form I-907 Request for Premium Processing Service for USCIS to adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or RFE, or denial within 15 days). With this temporarily suspension, there will be processing delay for many types of H-1B Petitions, and FY 2019 H-1B Cap Petitions or Visas that are fortunate enough to be selected in the H-1B lottery process.

For additional information, please visit: https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

August 28, 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

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Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension

Tiyalaw — Sat, 24 Mar 2018 19:12:34 +0000

Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension

There will be processing delays for H-1B petitions that are lucky enough to be selected in the lottery system for Fiscal Year (FY) 2019. This is because effective April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will be suspending premium processing, temporarily, for FY 2019 H-1B Petitions that are subject to visa cap. Foreign nationals waiting for H-1B lottery results will still need to maintain or extend their immigration status. They may also consider additional immigration application(s) as back-up, if eligible.

For more information, please visit https://immigrationresource.net/uscis-suspends-premium-processing-service-for-h-1b-petition-fy2019-visa-cap/ .

March 20, 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; International: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law in the U.S. and internationally in diverse immigration cases: extraordinary ability (EB-1A, EB-1B, EB-1C); national interest waiver NIW; PERM; I-130 for families; I-140 for employment Green Card; I-485 to adjust status; I-765 work permit; I-131 for international travel and returning to the U.S; I-601/I-601A extreme hardship waivers; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional workers and other H cases; ; L executive, manager and specialized knowledge professionals transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS and U.S. Department of Labor DOL; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

Tiyalaw — Tue, 20 Mar 2018 22:47:30 +0000

USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

U.S. Citizenship and Immigration Services (USCIS) has just announced that it will be suspending premium processing service, temporarily, for all cap-subject H-1B petitions, starting April 2, 2018. This suspension is expected to last until September 10, 2018. Currently, this suspension applies only to H-1B petitions that are subject to Fiscal Year (FY) 2019.

H-1B employers will be eligible to submit H-1B petitions subject to FY 2019 visa cap to be received by USCIS on April 2, 2018. With this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Services, filed with H-1B petitions that are subject to FY 2019 visa cap.

The reason for this premium-processing suspension is so that USCIS may adjudicate other H-1B petitions that have been long pending.

With a premium processing service, USCIS will adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or denial within 15 days). With this temporarily suspension, there will be processing delay for FY 2019 H-1B cap petitions/visas. This means, it will be some months before USCIS will be able to adjudicate H-1B petitions subject to FY 2019 visa cap that are fortunate enough to be selected in the H-1B lottery process.

March 20, 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: 001-703-772-8224; 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, hardships or immigration waivers, U.S. naturalization/citizenship, 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 including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; 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; N-400 Naturalization/Citizenship; N-648 Medical 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; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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Lawsuits to Clarify or Eliminate H-1B Lottery System (Random Selection Process)

Tiyalaw — Sun, 05 Jun 2016 04:43:38 +0000

Lawsuits to Clarify or Eliminate H-1B Lottery System (Random Selection Process)

CLASS-ACTION LAWSUITS ON H-1B LOTTERY SYSTEM

Several parties have sought class-action lawsuits against the U.S. Citizenship and Immigration Services (USCIS) regarding H-1B Lottery System (Random Selection Process) for H-1B Cap Petitions. H-1B Cap Petitions are being filed by U.S. employers on April 1 each year for hiring skilled foreign nationals with at least a bachelor’s or higher degree, or the equivalent for professional occupations. H-1B Cap Petitions must undergo lottery system given the overwhelming numbers of such petitions being filed on April 1 each year, especially in the last few years.

On June 2, 2016, two H-1B Petitioners and two Beneficiaries that have had their H-1B Cap-Petitions rejected in the H-1B Lottery System have filed a class-action lawsuit against USCIS in a case named, Tenrec, Inc. et al v. USCIS. The H-1B Petitioners in this suit are Tenrec, Inc. and Walker Macy LLC. This class action is contending that USCIS regulation providing for H-1B Cap Petitions to undergo lottery or random selection, and only be filed within a 5-day window each year are arbitrary, capricious, an abuse of discretion or not in accordance with federal law. This class action is requesting, among other things, that H-1B Cap Petitions must be accepted in the date filing order, and not randomly.

Other parties are teaming up on another class-action lawsuit separate from the above, as announced on May 23, 2016. The parties are the American Immigration Council (Council), and the American Immigration Lawyers Association (AILA). This class action’s position is that USCIS has never been forthcoming in describing and disclosing the selection process. This class action is seeking to ascertain how the H-1B Lottery System works from the beginning to the end, whether the H-1B Lottery System is operating fairly, and if all the H-1B visa numbers are being used up as government mandated.

RISING DEMAND FOR H-1B VISA NUMBERS

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 OR VISA QUOTA

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?

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

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 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 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 to: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; E treaty investors/traders; 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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Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

Tiyalaw — Wed, 21 Jan 2015 22:13:37 +0000

Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

The President announced various executive actions on November 20, 2014 relating to, among other things, green card and temporary visa matters. Some of them are outlined below.

The executive actions are calling for the U.S. Citizenship and Immigration Services (USCIS) to work with the U.S. Department of State (DOS) to make efficient use of authorized immigrant visa numbers, and better determination of immigrant visa number availability. Various types of green card cases are subject to visa number quota. [Hopefully, the changes may improve visa number availability such as immigrant visa numbers becoming current.]

Additionally, the executive actions are requesting the USCIS to relax job or adjustment portability for delayed or lengthy adjustment of status cases. I-485 Adjustment of Status is the final stage in a green card process. Many adjustment cases remain pending or are delayed because of immigrant visa number unavailability (immigrant visa number not current). Currently, a foreign national in an employment green card may change or port to a different employer before his/her green card is approved, when the adjustment case has been pending for a certain period of time. Presently, such job change or portability is restricted to the same or similar green card job classification, which is narrowly interpreted. Thus, a foreign national who has changed job under the adjustment-of-status portability but who does not have an H-1B or another temporary work visa for the new job may possibly face removal or deportation proceeding. [Hopefully, the changes may allow eligible adjustment applicants to transfer or port to a wider range of jobs.]

In improving the U.S. economy, the executive actions are asking the USCIS to:

Clarify the standard for green card national interest waiver cases for founders of start-up businesses, foreign investors or researchers. National interest waiver is a process for an eligible foreign national who has an advanced degree or exceptional ability to apply for green card without the PERM permanent labor certification process. His/her contributions or skills must be of U.S. national interests. [Hopefully, these changes may mean widening the range of evidence that would constitute exceptional ability or U.S. national interests.]
Parole, on a case-by-case basis, eligible founders of start-up businesses, foreign investors or researchers. This is for a foreign national who has not yet met the national interest waiver standard, and:

(a) Who has been awarded substantial U.S. investor financing; or

(b) Who has the potential for innovation and job creation through the development of new technologies or cutting-edge research.

Spouses of certain H-1B employees who are in certain green card process may apply for work permit (employment authorization document/EAD). H-1B visa is for job that requires at least a bachelor’s degree or equivalent in a relevant field.

There may be further clarification and consistency on what constitutes specialized knowledge for employee transferring from company overseas into the U.S.

The above executive actions are not effective yet. The government will provide further clarifications and guidelines in the coming months. Please stay tune and sign up for our eNews for future updates.

For additional information on other types of recent executive actions, please visit: https://immigrationresource.net/in-the-u-s-illegally-need-to-fix-u-s-immigration-status-consider-applying-for-dapa-around-may-19-2015-expanded-daca-february-18-2015/

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 ; https://immigrationresource.net

Need help with green card, work visas, work permit, illegal status, 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.

We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples 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 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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H-1B Visa Cap for FY 2014 Has Been Reached

Tiyalaw — Fri, 05 Apr 2013 21:33:55 +0000

H-1B Visa Cap for FY 2014 Has Been Reached

H-1B Annual Work Visa Cap

On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY). The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree. After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.

USCIS will contact a computer-generated random selection process (lottery) for all H-1B Cap Petitions received until April 5, 2013. All U.S. advanced degree H-1B Cap Exempt Petitions not selected within the 20,000 limit will be part of the lottery system.

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 (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

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

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 2013 H-1B visa quota (October 1, 2012 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, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 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.

April 5, 2013: 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, 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; work and related visa matters such as H, L, P, O, E, K.

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H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)

Tiyalaw — Mon, 04 Jun 2012 21:41:02 +0000

H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)

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 a position’s own set of circumstances.

H-1B Annual Work Visa Cap

As of June 1, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 55,600 H-1B Regular Cap, and 18,700 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

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, and 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 H-1B employers. These H-1B petitions may not be subjected to the annual 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 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 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.

June 4, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

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

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42,000 H-1B Regular Cap Work Visas, and 16,000 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 18, 2012)

Tiyalaw — Thu, 24 May 2012 20:35:28 +0000

42,000 H-1B Regular Cap Work Visas, and 16,000 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 18, 2012)

What is 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 a position’s own set of circumstances.

H-1B Annual Work Visa Cap

As of May 18, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 42,000 H-1B Regular Cap, and 16,000 H-1B Master’s Degree Exemption.

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 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 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.

May 24, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

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

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Job Creation Via Part of Comprehensive Immigration Reform

Tiyalaw — Sun, 20 May 2012 18:56:10 +0000

Job Creation Via Part of Comprehensive Immigration Reform

President Obama and the White House are highly committed to revitalizing and energizing the United States’ economy such as improving the competitiveness of U.S. companies in the world market and stimulating job creation in the United States (USA). In recognizing that most new jobs are created in start-ups and small businesses, on January 31, 2012, the White House announced its Startup America Initiative to promote high-growth entrepreneurship throughout the nation.

In recognizing that a full 25 percent of high-tech startups in USA were founded by immigrants leading to more than 200,000 jobs in USA, the US government is harmonizing its national security and economy as part of its commitment in Comprehensive Immigration Reform. One of these efforts is to attract and retain highly-skilled foreign students and workers to stimulate and improve USA economy and USA international economic competitiveness, and thus job creation.

As one of the efforts in implementing Startup America Initiative, the U.S. Department of Homeland Security (DHS) announced on January 31, 2012 the following immigration reforms, one or more of which have already begun, to energize USA economy:

Provide work authorization for spouses of certain H-1B holders.

This proposed change will enable employment authorization for H-4 dependent spouses of principal H-1B visa holders who have begun the immigration process of employment-based lawful permanent resident status after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

This proposed change will broaden the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field, thereby broadening “comparable evidence” beyond the specifically articulated regulatory list.

Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

This proposed regulation would afford continuous employment authorization to E-3 from Australia and H-1B1 visa holders from Singapore and Chile for up to 240 days beyond the expiration of authorized stay, for timely filed pending extension petition. This will harmonize E-2 and H-1B Chile and Singapore with other employment-based H-1B and L-1 visa holders.

Launch Entrepreneurs in Residence initiative

In efforts to promote startup enterprises to further jump-start job creation, U.S. Citizenship and Immigration Services (USCIS) will be working with federal government agencies, entrepreneurs and academia to discuss strategies for maximizing immigration law to attract and harness talented entrepreneurial foreigners.

Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

This proposed change will expand eligibility for extension of F-1 Student Status Optional Practical Training (OPT) by including students with a STEM degree that is not the most recent degree the student has received; and continuously reviewing emerging fields for possible inclusion in the list of eligible STEM degree programs.

Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.

This proposed change would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies. Presently, regulation stipulates spouses may only take part-time vocational or recreational classes. Schools may also increase their Designated Student Officers (DSOs) to meet their students’ needs.

May 20, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

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