Articles Posted in Employment-Based Categories

charles-575498-unsplash

The start of the FY 2020 H-1B cap season begins on April 1, 2019. This year, USCIS will offer premium processing services in a two-phased approach to avoid temporary suspension of the service.

Change of Status H-1B Cap Petitions

Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019 and will notify the public before premium processing begins for these petitions.

If a petitioner does not file Form I-907 concurrently with an FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.

All Other FY 2020 Cap-Subject Petitions

Premium processing services for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 19, 2019. Cap-subject petitioners who are not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition. These petitioners will be eligible to upgrade to premium processing once premium processing begins for this group. USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status. Continue reading

marius-ciocirlan-398931-unsplash

Good news for H-1B FY 2020 applicants requesting a change of status. Premium processing services will be offered for applicants filing an H-1B petition in the April 2019 lottery who are requesting a change of status.

Premium processing will be offered in a two-phased approach during the FY 2020 cap season, so that USCIS does not end up having to suspend the use of this service as it has in previous years.

The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.

What should you know?

Starting April 1, H-1B FY 2020 cap-subject petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.

Continue reading

team-building-3669907_1920
The Trump administration is making another bold move, this time the target is H-4 dependent spouses of H-1B nonimmigrant workers seeking permanent residence.

The Department of Homeland Security has published a notice of proposing rule-making (NRPM) to rescind an Obama era rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B workers seeking permanent residence.

We are awaiting publication of the proposed rule in the federal register. At this time, the regulation has preliminarily appeared on the government website reginfo.gov.

jon-tyson-195064-unsplash

Today February 15, 2019, USCIS announced that the agency will resume premium processing services on Tuesday February 19, 2019, for all H-1B petitions filed on or before December 21, 2018.

Premium processing service remains suspended for H-1B petitions filed on or after December 22, 2018. USCIS will make an announcement at a later date when USCIS plans to resume premium processing for the remaining categories of H-1B petitions as agency workloads permit the agency to resume these services.

USCIS has provided the following guidance for petitioners who received a transfer notice for a pending H-1B petition, who are interested in upgrading their petition to premium processing:

If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.

You should also include a copy of the transfer notice with your premium processing request to avoid possible delays associated with the receipt of your premium processing request.

Continue reading

books-1845614_1920

The Department of Homeland Security has published an advanced copy of the final rule that will amend the way the H-1B visa program will be run in the future. The official version of the final rule is set to be published in the Federal Register tomorrow January 31, 2019, and become effective April 1, 2019, the beginning of the H-1B cap visa season for fiscal year 2020.

Beginning with the upcoming FY 2020 H-1B cap season, which kicks off on April 1, 2019, USCIS will reverse the order by which it selects H-1B petitions under the H-1B regular cap and the advanced degree exemption.

USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption.

According to USCIS, “Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations.”

Continue reading

mikaela-wiedenhoff-693940-unsplash

USCIS recently announced that beginning January 28th premium processing services for all fiscal year 2019 H-1B cap petitions will resume, including petitions filed under the advanced degree exemption (also known as the “master’s cap”).

This means that any petitioner with a pending FY 2019 cap-subject petition may now upgrade the H-1B petition to premium processing service.

Petitioners who have received a request for evidence for a pending FY 2019 cap-subject petition may also upgrade the petition to premium processing service by including a Form I-907 with the response to the request for evidence.

What is premium processing service?

Premium processing is a service provided by USCIS for certain employment-based immigration benefit requests. The service gives petitioners the benefit of receiving 15-day processing of their petition.  Premium processing is typically used in connection with Form I-129 Petitions for Nonimmigrant workers and I-130 Immigrant Petitions for Alien Workers.

At the moment, premium processing service has only resumed for pending petitions subject to the FY 2019 cap.

Premium processing services remain temporarily suspended for all other categories of H-1B petitions (except those outlined below).

Continue reading

maddi-bazzocco-1178337-unsplash

In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.

Below are the highlights of those trends and projections as of January 2019:

Employment-Based Immigration:

EB-1: DOS predicts that demand in the EB-1 category within the coming months will prevent the EB-1 Worldwide category from becoming current.

EB-1 Worldwide is expected to advance gradually to a maximum period of two months each month beginning in March through the month of May.

Visa numbers for EB-1 China and EB-1 India will be used up very quickly. EB-1 China and EB-1 India are expected to advance gradually anywhere from zero to one month each month beginning in March through the month of May.

EB-2 Worldwide: is projected to remain current for the foreseeable future. A Final Action Date will likely not be imposed for the remainder of this fiscal year.

Continue reading

fancycrave-329196-unsplash

Have you ever wondered what visa options are available to social media influencers?

Social media influencers have quickly become of the biggest assets for brands seeking to reach millennial audiences by way of influencer marketing.

Influencer marketing refers to a business collaboration with an influential person on social media to promote a product, service, or a campaign. Social media influencers are those who have amassed a large following on social media and have established credibility among their followers within their specific industry.

An influencer can come to the United States and work with brands to promote their goods or services by applying for the O-1B visa for aliens of extraordinary ability in the arts.

To qualify for an O-1 visa, the social media influencer must demonstrate extraordinary ability by sustained national or international acclaim via social media, and seek to come to the United States to work with companies using their social media platform.

What is extraordinary ability?

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in their field.

For social media influencers this means a large following within their field of business such as fashion, gaming, travel, lifestyle, etc.

Evidentiary Criteria:

There are 6 evidentiary criteria that must be met to obtain the O-1B visa:

Evidence that the applicant has received, or been nominated for, significant national or international awards or prizes in the particular field, or evidence of at least (3) three of the following:

  • Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

Continue reading

ireland-1312438_1280
The House Proposes to Extend the E-3 Program to Irish Nationals

On November 20, 2018, the House of Representatives introduced H.R. 7164, a bill proposing to add Ireland to the E-3 nonimmigrant visa program. Currently, the E-3 visa program is available to American employers seeking to hire Australian nationals to perform services in a specialty occupation for a temporary period of time.

The E-3 visa program functions much like the H-1B program. The program is governed by the same labor certification standards that apply to the H-1B visa program, and much of the same evidence is required. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually for Australian nationals.

rawpixel-1074297-unsplash-1
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.

EB-1: The following categories are expected to experience some forward movement in the month of December, however it is not yet known how much advancement will take place: EB-1 Worldwide, EB-1 China, and EB-1 India. It is not expected for these categories to return to current during this calendar year. A cutoff date is expected for EB-1 Worldwide until the first half of the fiscal year.

EB-2 China: is expected to continue to experience forward movement