Bashyam Spiro Immigration Law Group - FY2014 H-1B Visa Processing and Trends


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This powerpoint presentation outlines the H-1B visa process and what employers and employees need to know about H-1B visa processing, the H-1B cap, the F-1 Cap Gap laws and 221g notices at US consulates abroad.

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Bashyam Spiro Immigration Law Group - FY2014 H-1B Visa Processing and Trends

  1. 1. The FY2014 H-1B Cap: What You Need To Know About H-1B Processing and Trends February 20, 2013 Murali Bashyam and Ame Coats Bashyam Spiro & Coats LLP – Immigration Law Group
  2. 2. This Internet seminar is intended solely to provideinformation to the public. Nothing in this webinarshould be taken as legal advice or legal opinion forany individual case or situation.The information is offered for general information andeducational purposes only.The participation in this webinar does not create anattorney-client relationship.
  3. 3. TODAY’S OBJECTIVESBasic Overview of the H-1B VisaH-1B Cap NumbersH-1B Cap Exempt Organizations and StrategiesF-1 Cap Gap for StudentsNEUFELD MEMO and the “Employer-Employee” RelationshipAre there Alternatives to the End-Client Letter?Changes in Work Location and H-1B AmendmentsVisa Processing and 221GQuestions
  4. 4. Basic Overview of the H-1B VisaSpecialty Occupation Highly Specialized Duties Attainment of a “Specific” Bach. Degree or equiv.Qualified ProfessionalTemporary (up to 6 years with exceptions)
  5. 5. H-1B Cap Numbers 65,000 Regular Cap (Minus 1400 Chile; 5400 Singapore) 20,000 US Advanced Degree Cap New H-1B: File April 1st for October 1st Start Date When Will the H-1B Numbers Run Out? – FY2012 (November); FY2013 (June); FY2014? Exempt From The Cap – 1) Transfers, 2) Extensions, 3) Previously Been Counted Against the Cap
  6. 6. H-1B Cap Exempt Organizations and StrategiesWorking “at”: Institutions of Higher Education or Related or Affiliated Nonprofit Entities Nonprofit Research Organizations Government Research OrganizationsEx. Sometimes Private Schools have Formal Affiliations with Universities and Are Cap ExemptEx. Are You a Private Employer and the H1B Worker will be Working ‘at’ an Institution of Higher Education? Cap Exempt.
  7. 7. F-1 Cap Gap for Students F-1/J-1 (and Dependents) Who Timely File H-1B C/S Application Can Remain in the US Until the October 1st H-1B Start Date Even if Status Expires Before That Date File C/S During Grace Period – Can Remain in the US But Cannot Work File C/S Before OPT Expiration Date – Both Status and OPT Extended Until October 1st
  8. 8. NEUFELD MEMO and the “Employer-Employee” Relationship January 2010: USCIS issued a memo clarifying what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. Who Does it Impact?  H-1B beneficiary/employee working at a third-party (end-client) worksite. (Ex: IT consulting and other staffing industries)  Owner-Employees of Companies (Must show ‘independence’ through Board Resolutions etc.)
  9. 9. The End-Client Letter USCIS Required from End-Client in Third Party Placement Cases Letter Must Address Project, Term, Duties, Requirements and Right of Control Sometimes End-Clients Do Not Want to Give Letters…Which Begs the Question…. Are there Alternatives to the End-Client Letter?
  10. 10. KIND OF………
  11. 11. Alternatives to the End-Client Letter No Perfect Solution or Alternative If Already Placed at End-Client – Badges, Emails from Client Confirming Company Policy, Work, Project Etc. Direct Client – Vendor Agreement and PO Sometimes Affidavit Very USCIS Officer Specific
  12. 12. Changes in Work Location and H-1B Amendments Fallacy: A Change in Work Location Requires only a new Labor Condition Application (LCA) If New LCA Is Required for a New Work Location; Must File H-1B Amendment with USCIS USCIS Site Visits – Officer Visits Location on I-129 Petition; Denials After Site Visits with new LCA but No Amendment Blog - 1b-amendments-the-times-they-are-a-changin’/
  13. 13. Visa Processing and 221G 221G – Consular ‘Requests for Evidence’ More Frequent in India for IT Professionals What Can They Request?  END-CLIENT LETTER  Company Financials  Employee Roster List, With Titles, Duties, Status and Salary  Everything You Have Already Submitted To Them! How Long Does it Take to Receive Decision? Pre-Plan Before A Trip
  14. 14. QUESTIONS?Please Type Your Question into the Chat Box on the Webinar Panel…
  15. 15. THANK YOU!Murali Bashyam – Ame Coats – Call us at: 919-833-0840