Archive for the ‘H-1B’ Category
H-1B and L-1 Petition Fees Increase for Certain Employers
Effective immediately, petitioning employers with 50 or more employees in the U.S. and 50% or more of its workforce holding H-1B or L status (L-1A, L-1B and L-2) must submit additional fees for initial and change of employer petitions.
For H-1B petitions of either type, the petitioner must submit an additional $2000. For L-1A and L-1B petitions of either type, the petitioner must submit an additional $2250. These fee increases will remain in effect through September 30, 2014.
Please don’t hesitate to contact our immigration law office in San Francisco if you have questions about these fees.
Tags: H-1B, L-1A, L-1B, petition fee, Public Law 111-230, visa fee
Posted in Alerts, H-1B, Nonimmigrant Visas, Politics/Current Events, USCIS | Read More »
ALERT: DEPARTMENT OF STATE REDUCES VISA PERIOD FOR MEXICAN CITIZENS
The U.S. Department of State (DOS) has reduced work visa validity periods for Mexican citizens after Mexico increased its visa fees for U.S. citizens. Starting February 22, 2010, any Mexican citizen applying for a U.S. work visa in the categories of H-1B, H-2B, E-1, E-2, TN or L-1 will receive a one-year validity period only. Multi-year work visa approvals are no longer available until further notice. This change applies to Mexicans seeking to come to the U.S. and those already in the U.S. filing extension petitions with the United States Citizenship and Immigration Service (USCIS). If you have any questions about this recent and sudden change, please don’t hesitate to contact our immigration law firm.
Tags: Department of State, H-1B, L-1, Mexican citizens, TN
Posted in Alerts, FAQ - TN, H-1B | Read More »
H-1B’s Still Available
The FY2011 H-1B cap filing period opened April 1, 2010. As of April 8, 2010, the USCIS has only received 19,100 H-1B petitions for the 85,000 slots currently allotted. This means there are many H-1B slots left to be filled!
The H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots. In previous years, the quota was reached within days of April 1, however, due to the struggling U.S. economy, that is not currently the case. Last year, the cap period remained open over 8 months from April 1, 2009 – December 21, 2009.
Despite the slowdown in H-1B filings, the category remains a first-come/first-serve system, so filing an H-1B cap petition sooner rather than later is best. The USCIS can announce at any time that the cap has been reached and it is closed until next year. Please contact our immigration law firm if you would like our assistance with your H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota
Posted in H-1B | Read More »
Am I an intermittent H-1B or L-1 visa holder?
Intermittent status applies to H-1B and L-1 visa holders who reside in the U.S. for fewer than 6 months in a one year period. If an H-1B or L-1 visa holder maintains a residence abroad and is only needed periodically in the U.S. (not to exceed 6 months) the individual is an intermittent H-1B or L-1 employee not subject to standard time limitations.
Typically, a person may hold H-1B status for a maximum period of 6 years with limited exceptions going beyond 6 years. For L-1A status (managers/executives), the maximum time period is 7 years. For L-1B status (specialized knowledge professionals), the maximum time period is 5 years. These H-1B and L-1 time limitations do not apply to intermittent H-1B and L-1 visa holders and these individuals can renew their status indefinitely.
Filing for intermittent status is the same as filing for regular status, with a notation made that the individual resides abroad and is therefore an intermittent employee. Intermittent status is an attractive option for individuals stationed abroad and due to its flexibility, should be utilized whenever possible to avoid the standard categorical restrictions of H-1B and L-1 status. Please don’t hesitate to contact our immigration law firm if you would like to discuss intermittent status in detail.
Tags: H-1B, intermittent, L-1
Posted in FAQ H-1B, FAQ L-1, H-1B | Read More »
Am I allowed to change employers in H-1B status?
Yes. This is known as H-1B portability. A person in H-1B status may switch to a new employer provided the new employer files an H-1B petition on the worker’s behalf requesting the change.
This “change of employer” petition is similar to an initial petition and must include the applicable forms and fees, as well as set forth information about the company, the H-1B position and the worker’s qualifications.
The most important thing to note with H-1B change of employer petitions is that employment with the new employer may begin upon filing the petition (i.e. upon receipt at the USCIS) provided ALL of the following four conditions are met:
1. The worker was lawfully admitted to the U.S.
2. The new petition is non-frivolous (i.e. not without basis in law or fact)
3. The new petition was filed before the date of the worker’s expiration of stay
4. Subsequent to the worker’s lawful admission to the U.S., he/she has not been employed with authorization before filing the H-1B change of employer petition
In other words, if the worker meets all 4 criteria above, he/she does not need to wait for the petition to be approved before starting employment with the new employer.
Please contact our San Francisco immigration law firm if you need assistance with your H-1B petition or would like to discuss changing H-1B employers.
Tags: change of employer, H-1B, portability, switch employer, transfer employer
Posted in FAQ H-1B, H-1B | Read More »
Are there any situations in which I may extend my H-1B status beyond 6 years?
The general rule is that H-1B status may be granted for a maximum period of 6 years. Typically, an individual who has reached 6 years must depart the U.S. at the end of the 6th year. If an individual leaves the country and stays outside the U.S. for one year or more, he/she is eligible to apply for another 6 years in H-1B status, but will be subject to the annual cap (quota).
There are two exceptions that allow an individual to remain in the U.S. beyond the 6-year maximum without having to return home. First, H-1B status may be extended beyond 6 years if a labor certification application (also known as, a PERM application), an I-140 immigrant petition, or an adjustment of status application was filed on the H-1B holder’s behalf at least 365 days prior to the expiration of his/her current H-1B status, and the case is still pending.
Under this exception, H-1B status may be extended in 1-year increments until there is a decision on the application or petition. Second, H-1B status may be extended beyond 6 years for any person who is the beneficiary of a first, second, or third employment-based petition, who, due to per country limitations (i.e. availability of a visa) is unable to file for or obtain immigrant status. For this exception to apply, the individual must have an approved I-140 immigrant petition.
Under this exception, H-1B status may be extended in 3-year increments until a visa number is available and there is a decision on the adjustment of status (“green card”) application.
If you require the assistance of an immigration attorney with questions regarding your H-1B status and eligibility for extensions, please don’t hesitate to contact our office.
Tags: 6-year maximum, AC21, employment-based green card, h-1b extension
Posted in FAQ Employment-Based Green Card, FAQ H-1B, H-1B | Read More »
Is the position being offered to me an H-1B specialty occupation?
A specialty occupation is defined in the H-1B regulations as a position requiring the “theoretical and practical application of a body of highly specialized knowledge and attainment of a Bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.” To put it plainly, the position must require a Bachelor’s degree (or its equivalent) in a specific specialty relevant to the position duties. There are various standards the United States Citizenship and Immigration Services (USCIS) looks at when determining whether an H-1B position is a specialty occupation. The first is whether a Bachelor’s or higher degree (or its equivalent) is normally the minimum requirement for entry into the position (i.e. generally speaking across industries). The second is whether the degree requirement is common in the specific industry in parallel positions among similar organizations/companies (i.e. similar in size and type). The third is whether the specific H-1B employer normally requires a degree (or its equivalent) for the position. Lastly, the USCIS will review the nature of the specific duties and determine whether they are so specialized or complex that the knowledge required to perform the duties competently is usually associated with attainment of a degree (or its equivalent) in a specific specialty. An H-1B position will not be considered a specialty occupation based on the job title alone. The main focus for the USCIS is on the complexity of the duties. If you have any questions about the H-1B category and/or whether a position qualifies as a specialty occupation, please don’t hesitate to contact our office.
Tags: Bachelor's degree, H-1B, specialty occupation
Posted in FAQ H-1B, H-1B | Read More »
May I have intent to immigrate in H-1B status?
The H-1B category allows for dual intent, which means both short-term nonimmigrant intent and long-term immigrant intent. H-1B status is a temporary status for an individual working in a specialty occupation (i.e. in a job that requires a degree or the equivalent). An individual who intends to hold H-1B status temporarily and then return to his/her home country has nonimmigrant intent. An individual who has the short-term intent to work in H-1B status and the long-term intent to live in the U.S. permanently has both nonimmigrant and immigrant intent (i.e. dual intent), which is permitted. Case law has held that the mere desire to obtain permanent residence in the future does not, by itself, automatically disqualify an alien from admission as a nonimmigrant. The United States Citizenship and Immigration Services (USCIS) recognizes dual intent not only for the H category, but for the L, O, P and E categories as well. Please don’t hesitate to contact our office if you have questions about dual intent or would like our assistance with your visa or green card petition.
Tags: dual intent, green card, H-1B, immigrant, immigrate
Posted in FAQ H-1B, H-1B, Immigrant Visas | Read More »
Which employers are exempt from the H-1B cap?
Most employers are subject to the H-1B cap (annual quota of visa numbers available) when sponsoring someone for an initial H-1B visa.
However, there are four categories that are cap exempt:
1. Institutions of higher education (colleges or universities)
2. Non-profit organizations affiliated with an institution of higher education (there are a variety of affiliations that would qualify, although most involve shared ownership or control)
3. Non-profit research organizations (basic research or applied research)
4. Government research organizations (defined as a U.S. government entity)
If you have any questions regarding H-1B sponsorship and/or whether your company or employer qualifies as H-1B cap exempt, please don’t hesitate to contact our office.
Tags: cap-exempt, college, H-1B, non-profit, university
Posted in FAQ H-1B, H-1B | Read More »
USCIS Will Begin Accepting H-1B Applications without Certified LCA
USCIS has recently announced that it will begin to accept H-1B petitions filed with uncertified LCAs for a temporary period, ending on March 4, 2010. As many have experienced including our office, the Dept. of Labor’s new iCert process for certifying LCA’s has resulted in unprecedented delays, and has added a new level of unpredictability to the H-1B process. In response to requests, USCIS will accept petitions with uncertified LCA’s and then issue a Request for Evidence (RFE) for the certified LCA before approving the petition. Normally, only petitions with certified LCA’s are accepted. This “temporary flexibility”, as USCIS called it, is somewhat useful, but what happens at H-1B cap time, either in the coming year, on in subsequent years, when we need to file all of those applications by April 1? How will we be sure that the LCA will be certified in time for filing after March 4th? Also, since filing with an uncertified LCA will essentially guarantee a Request for Evidence, are adjudicators going to use that opportunity to throw more items into the request? As it is, applicants are already beleaguered from overly burdensome, redundant, and nonsensical RFE’s.
Tags: certified LCA, DOL, H-1B, LCA, request for evidence, uncertified LCA, USCIS
Posted in H-1B | Read More »
