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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?

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, 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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Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Tiyalaw — Tue, 17 May 2016 21:39:16 +0000

Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Under special immigration law provisions, members and certain veterans of the U.S. armed forces and their dependents (spouses and children) may be eligible for U.S. citizenship including expedited and overseas processing. Certain general naturalization requirements may be waived or diminished. Among meeting other requirements, a military-service applicant may apply for naturalization having served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve for any amount of time during a designated period of hostilities; and have been separated honorably if separated from the U.S. armed forces. Other military-service members who have served honorably in the U.S. armed forces at any time may apply for naturalization upon meeting certain requirements.

Additionally, it is possible for posthumous naturalization (naturalization after death) if the individual served honorably in the US. Armed forces, and died due to injury or disease incurred while serving in an active duty status during specified periods of military hostilities.

Normally, individuals of U.S. armed forces and military services that qualify for the citizenship provisions above are in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guards, and certain components of the National Guard, and the Selected Reserve of the Ready Reserve.

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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Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

Tiyalaw — Sun, 13 May 2012 17:00:47 +0000

Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

Processing time for employment-based lawful permanent residence (green card) preference category cases (EB cases) are tied to immigrant visa number availability. Immigrant visa numbers can retrogress (take much longer than the government’s previously estimated processing time). The wait time for an immigrant visa number for an employment-based case is determined by a case’s priority date, the employment-based preference category (EB category) and the foreign national beneficiary’s country of birth (not nationality). A priority date is the date of filing a case (such as the date of filing a PERM or an I-140 Immigrant Petition). The types of EB cases include extraordinary ability, outstanding professor and researcher, multinational executive and manager, exceptional ability, national interest waiver, PERM labor certification, and others.

On May 8, 2012, the U.S. Department of States issued the latest summary of immigrant visa number availability in its Visa Bulletin June 2012. In June 2012, immigrant visa numbers are available for employment-based green card preference category 2 for foreign nationals of all country of birth other than India or China (no visa numbers available for China or India). The cut-off priority dates for EB preference category 3 is August 8, 2005 (China), September 15, 2002 (India), May 22, 2006 (Philippines), and June 8, 2006 (Mexico and all other country of birth).

For more information on the immigrant visa number (especially June 2012), please visit the immigrant visa bulletin website of U.S. Department of States at

http://www.travel.state.gov/visa/bulletin/bulletin_5712.html .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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

We represent employers, and individuals and their families in green card and all 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 advice or an attorney-client relationship.