Visa Lawyer Blog

Articles Posted in Work Visas

by

Now that the H-1B cases have been filed, we are anxiously waiting to get the news from USCIS on the cap count.

Last year, USCIS announced on April 5 that it received approximately 124,000 H-1B petitions during the five day filing period, including petitions filed for the advanced degree exemption. Then, on April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select for processing a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit.

What to Expect This Year

Continue reading

by

Our office receives many inquiries from start-up companies that want to hire employees under H-1B visa. As the H-1B season has begun, we would like to provide our readers with the updates and important considerations for this category of H-1B visas.

The following article was prepared by attorney Ekaterina Powell from our office and was featured as the cover article in VOICE, the American Immigration Lawyers Association publication.

Start-up Companies Still Fight for H-1Bs

by
Reactions to the release of the House GOP leadership’s principles for immigration reform  tended more toward cautious praise for releasing something as a starting point, but with serious doubts about the shortcomings of the actual policy proposals. Because these principles are guidelines—without specific  detail—“cautious optimism” is probably the healthiest approach to take in understanding what the document means for reform. Summarizing what the document says doesn’t take long; understanding its nuances, particularly its omissions and departures from the past, requires a bit more digging. In reality, this new document should not be read as an unwavering set of principles, but rather  as a list of expectations and strategic choices. The first half, dealing with enforcement contains no real surprises, but the second half is full of them.

There is much rhetoric about the necessity of securing our borders and creating a zero-tolerance policy for people who violate our laws in the future. These standards endorse the use of an electronic work site verification program and the full implementation of an entry/exit registration program for tracking arrivals and departures to and from the U.S. They emphasize the necessity of enforcement of laws first, before turning to any more positive reforms. Ultimately, the enforcement section of the document merely repeats the idea that we must be able to measure enforcement successes and thwart efforts to get around the law.

The second half of the GOP stance is far more interesting, as it emphasizes rewarding hard work and merit, and puts a premium on outcomes. The authors declare that the legal immigration system needs to be reformed to avoid an over reliance on family ties or luck; instead, they prioritize rewarding foreign students who can contribute to the economy and meeting the needs of employers. Similarly, temporary work programs, particularly in agriculture, have to provide realistic and predictable means of entry to the U.S., without harming the interests of native-born workers. It is striking how the emphasis on finding a way to use the immigration system to improve the economy is an acknowledgment of the importance of immigration that has been lacking in the past.

Continue reading

by

We previously reported on the temporary freeze on filing H2B visas. H-2B petitions for temporary non-agricultural workers are being adjudicated once again at the Vermont Service Center (VSC).

VSC anticipates completing pending petitions by early May, and have advised that no action is required by petitioners. The suspension of H-2B adjudications was imposed by USCIS on March 22, 2013, in response to a court order vacating part of the DOL’s 2008 wage methodology rule for certain H-2B prevailing wage determinations.

VSC management has confirmed that premium processing refunds for H-2B petitions filed in March have all been processed and the Debt Management Office is handling the review and issuance of the refunds. Some refunds have already been issued and petitioners should expect to see those in the coming weeks.

Continue reading

by

So the H1B season is over, faster than expected. But what occupations were the most popular this H1B season, how many Computers Programmers, Engineers, Consultants, etc were filed this past few months? The Labor Department provided statistics as to the number of Labor Condition Applications (LCA) filed this season.

LCA stands for Labor Condition Application. Before an employer may file an H1B petition, the employer must first file an LCA with the Department of Labor. In filing an LCA, the employer attests to a number of conditions that must be followed during the term of the LCA. An employer may withdraw and LCA if the employer revokes the H1B petition. If an employer fails to adhere to the representations made, the DOL may bring an action to compel back pay and fines.

72,604 Programmer Analysts H1B LCA’s were filed, the top occupation. New Jersey is the leading state in filing Visas. California is second. Read more below:

Continue reading

by

Bad news, but it is official. The annual H-1B cap has been reached for this year, according to the U.S. Citizenship and Immigration Services, and at a pace that is several months ahead of last year.

The U.S. issues 85,000 H-1B visas each year under its cap, with 20,000 of that number set aside for advanced degree graduates of U.S. universities.

The USCIS, which begins accepting H-1B petitions on April 1 of each year, announced today that the openings for fiscal 2013 have been filled.

Continue reading

by

According to Michael Barone’s Examiner column today about immigration brings to mind interesting points. Michael concludes:

My prediction is that we won’t ever again see the heavy Latin immigration we saw between 1983 and 2007, which averaged 300,000 legal immigrants and perhaps as many illegals annually.

Mexican and other Latin birth rates fell more than two decades ago. And Mexico, the source of 60 percent of Latin immigrants, is now a majority-middle-class country.

Continue reading

by

This is the latest update regarding the H1B cap numbers. As of April 13, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with US advanced degrees.

With respect to the H1B Cap, most people only need to be counted against the H1B cap once. The rule regarding the cap references being counted within the six years prior to the petition. However, even those requesting extensions beyond six years do not need to be counted against the H1B cap, if they have previously been counted. This general rule holds true even if one changes to a different no-nimmigrant status in the interim.

The numbers are running fast, so our advice is to apply as soon as possible. Email us with any questions.

by

With a few days left before the April 2, 2012 deadline, we learned that poor filing decisions make risk your case delivery and as a result miss the H1B cap.

USCIS stated that cases are considered “accepted on the date that USCIS takes possession of a properly filed petition with the correct fee,” and that it does not rely on the date the petition is postmarked or the date the petition is delivered to a P.O. Box or USPS address.

Employers are advised that petitions that are sent to USCIS via U.S. Postal Service Express Mail, even those that are addressed to the physical address of the service center, are not actually delivered to the service center, but are instead delivered to a U.S. post office. When received at the U.S. post office, such petitions may even be “signed for” as received by a USCIS official.

Continue reading

by

A recent USCIS Q&As, updated on March 12, 2012, provide information on establishing an H-1B employer-employee relationship. New questions include information on end-client documentation and establishing an employer-employee relationship in the consulting or staffing company context.

The U.S. Citizenship and Immigration Services (USCIS) issued a memorandum ( dated January 8, 2010 that had great significance for the IT consulting industry. This memo specified how USCIS personnel should determine the existence of the required employer-employee relationship when adjudicating H1B petitions. The memo, issued by Associate Director of Service Center Operations, Donald Neufeld, provided guidance regarding the type of evidence that sufficiently confirms the existence of an employer-employee relationship between an H1B-petitioning employer and the beneficiary when the employee’s work is performed off site.

The update from today added the following clarifications:

Continue reading