Immigration resource news magazine for United states of america» Work Permit

EAD for Humanitarian Parolee

Tiyalaw — Wed, 21 Aug 2019 00:03:18 +0000

EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS). USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

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; USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

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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

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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Immigration News: USCIS Recalling Incorrectly Dated Green Cards

Tiyalaw — Wed, 16 May 2018 12:00:12 +0000

Immigration News: USCIS Recalling Incorrectly Dated Green Cards

U.S. Citizenship and Immigration Services (USCIS) have started recalling over 8543 Permanent Resident Cards (Green Cards) mailed out between February and April 2018 due to incorrectly printed date for “Residence Since.” These incorrect Green Cards were issued for approved applications for Form I-751, Petition to Remove Conditions of Residence filed by spouses of U.S. citizens or permanent residents.

USCIS will mail out notification with prepaid envelopes for Green Card holders to return, within 20 days, their incorrect Green Card. Alternatively, these Green Card holders may also return their incorrect Green Card to their local USCIS office. USCIS will send out replacement Green Cards within 15 days of receiving their returned cards.

Although the incorrect date on such a Green Card does not affect a Green Card holder’s permanent residence or green card status, it is still important to obtain a correct date for “Residence Since.” Otherwise, there may be USCIS processing delay when such a Green Card holder apply for U.S. naturalization. Spouses of U.S. citizens may apply for naturalization after three years of permanent residency in addition to meeting other immigration criteria.

For additional information, please visit USCIS at: https://www.uscis.gov/news/alerts/uscis-recall-incorrectly-dated-green-cards

May 14, 2018

Aik Wan Kok Fillali 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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Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019

Tiyalaw — Wed, 16 May 2018 00:39:57 +0000

Immigration News & Processing: USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions. Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned. H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload. USCIS will issue notice regarding such a transfer. Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

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

May 15, 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 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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Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

Tiyalaw — Wed, 04 Apr 2018 02:27:11 +0000

Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

If a Green Card, work permit or travel document has been approved, and the document has not arrived in the mail, please note the following.

Starting April 2, 2018, USCIS will destroy Permanent Resident Cards (Green Cards), Employment Authorization Cards (Work Permits), and Travel Documents (international travels) that are returned as undelivered by the U.S. Postal Service after 60 days if Applicants haven’t contacted USCIS to provide a correct address. In general, Applicants are encouraged to report an address change within 10 days at http://uscis.gov/addresschange . USCIS National Customer Service Center (NCSC) telephone is 1-800-375-5283.

U.S. Citizenship and Immigration Services (USCIS) is a part of the U.S. Department of Homeland Security (DHS). USCIS administers the U.S. lawful immigration system.

For additional information on this matter, please visit USCIS at https://www.uscis.gov/news/alerts/undeliverable-permanent-resident-and-employment-authorization-cards-and-travel-documents-be-destroyed-after-60-days

April 3, 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: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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 focus on 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 Adjustment Applications; I-765 work permit; 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; other waivers; 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 others.

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No More DACA Deal? TN For Mexico in Crisis!

Tiyalaw — Sun, 01 Apr 2018 22:11:22 +0000

No More DACA Deal? TN For Mexico in Crisis!

This morning, President Trump tweeted: “NO MORE DACA DEAL!” and threatened to terminate NAFTA with Mexico if it doesn’t stop people from flowing through Mexico’s Southern Border and then into U.S.

It is unclear if the tweet represents a change on DACA policies. Although rescinded by President Trump, The Deferred Action for Childhood Arrivals (DACA) program’s cancellation is being partially postponed by court action. Currently, U.S. Citizenship and Immigration Services (USCIS) is not accepting DACA applications from individuals who had never been previously granted DACA. The benefits of having an approved DACA are the ability to apply for a work permit and deferred removal actions from the U.S.

The North American Free Trade Agreement (NAFTA) is an agreement of special economic and trade relationships for the United States, Canada and Mexico. Under NAFTA, eligible Mexican and Canadian citizens may apply for TN classification to perform professional business/work activities in the U.S. Unlike H-1B Cap Petition, TN is not subject to an annual visa cap.

April 1, 2018

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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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When Can One Apply for DAPA and Expanded DACA?

Tiyalaw — Thu, 02 Jun 2016 13:00:03 +0000

When Can One Apply for DAPA and Expanded DACA?

DAPA AND EXPANDED DACA UPDATES: U.S. Supreme Court Decision on the outcome of DAPA and Expanded DACA is likely at the end of June 2016. U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA. The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states. The fate of DAPA and expanded DACA will likely be decided at the end of June 2016 when the U.S. Supreme Court renders its decision in United States v. Texas.

WHAT IS DAPA? Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA? The executive actions were also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction. The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA? DAPA and expanded DACA are still on hold because it has been under litigation. Eligible applicants may still apply for the original DACA (instead of the expanded DACA). In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction to block the implementation of DAPA and expanded DACA. After the 5^th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA. On January 19, 2016, the U.S. Supreme Court agreed to review the case. A U.S. Supreme Court decision is likely at the end of June 2016.

The following are some possible outcomes of a U.S. Supreme Court (Court) decision:

If the Court dismisses the case because the Plaintiff states lack standing, the entire case will end, and the injunction blocking DAPA and expanded DACA will be lifted. This means the U.S. federal government can implement DAPA and expanded DACA.
The Court may reverse the 5^th Circuit Court on a critical legal issue, thereby allowing the U.S. federal government to implement DAPA and expanded DACA if it chooses to. However, the litigation on DAPA and expanded DACA may continue.
The Court may affirm the 5^th Circuit Court decision, upholding the preliminary injunction blocking DAPA and expanded DACA. This means, the U.S. federal government cannot move forward with DAPA and expanded DACA.

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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Seeking to work in U.S. Tropical Islands? Immigration Reaches FY2016 Visa Cap for CW-1 Workers

Tiyalaw — Sat, 21 May 2016 15:55:04 +0000

Immigration Reaches FY2016 Visa Cap for CW-1 Workers

CW-1 Cap

On May 20, 2016, U.S. Immigration and Citizenship Services (USCIS) has received sufficient petitions to meet the government-mandated Fiscal Year (FY) 2016 quota (visa cap or numerical limit) of 12,999 workers for CW-1 visas.

May 5, 2016 was the final date USCIS would receive CW-1 worker petitions for an employment start date prior to October 1, 2016 start-date.

USCIS is still accepting CW-1 worker petitions for FY 2017 for an employment start date of or after October 1, 2016.

A given fiscal year starts from October 1 and ends on September 30 the following year.

All CW-1 workers (new employment and extension petitions) are subject to cap unless the worker has already been counted towards the cap for the same fiscal year.

What is a CW-1 Worker?

CW is for Transitional Worker nonimmigrant visa classification for foreign workers only in the Commonwealth of the Northern Mariana Islands (CNMI), and who are ineligible for other types of employment nonimmigrant classifications in the Immigration & Nationality Act (INA). CW program is scheduled to expire on December 31, 2019.

Relationship between U.S. and Commonwealth of the Northern Mariana Islands

CNMI is a group of islands in the Pacific Ocean, located between Hawaii and the Philippines. CNMI has chosen to be under the U.S. administration.

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 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

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 announced it had received more than sufficient H-1B Cap Petitions to meet the 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

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

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.

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.