INSZoom Immigration Conference 2019 | Gazing at the H-1B Powerball? | Carmen Fakhoury

1. INSZOOM IMMIGRATION
CONFERENCE 2019
INSZOOM IMMIGRATION
CONFERENCE 2019
November 5-6, 2019 ITC Gardenia, Bengaluru |#INSZoomIIC2019

2. INSZOOM IMMIGRATION
CONFERENCE 2019
Pre-Registration for FY 2021
• Likely registration fee of $10.00 via credit card using the pay.gov
• Non-refundable fee if the registration is not selected or withdrawn
• Final rule expected on or around November 3, 2019
• 30-days' notice likely before registration opens
• No need to file an LCA or Labor Condition Application
• Registration likely to last a minimum of 14 calendar days
• Registration to begin at least 14 calendar days before the earliest date an H-
1B cap petition may be filed
• More registrations than the total cap – random lottery
• Less registrations than the total cap – registration will remain open until cap is
reached
• Attorney must submit G-28 – one per petitioner attest to instructions from
client as well as accuracy and completeness of information

3. INSZOOM IMMIGRATION
CONFERENCE 2019
Pre-Registration Process
• Petition must be filed within the stipulated filing period – include G-28 if
applicable
• No substitutions or transfers of beneficiaries are allowed
• Expected that petitions must be filed within least 90 days from the close of
registration
• Only one registration per beneficiary
• If petitioner files multiple petitions for one beneficiary, all will be invalid
• System is not likely to provide for corrections - Erroneous submissions
must be deleted and resubmitted
• Information about misuse, abuse, or fraud will be sent to the Fraud
Detection and National Security Directorate (FDNS) of USCIS
• USCIS to share information with other government agencies

4. INSZOOM IMMIGRATION
CONFERENCE 2019
Potential Heads of Information
Petitioner
• Legal name along with doing business as name, if applicable
• Employer Identification Number (EIN) or social security number (SSN)
• Primary U.S. office address (include suite/apartment/unit/floor number)
• Name, designation and contact information of authorized signatory
• Contact information (daytime phone number and email address) for
authorized individual for petitioner
• Authorized signatory must attest to the accuracy of information and that
the company/organization intends to file an H-1B petition, if selected.
Beneficiary
• Current legal name and gender
• Date and country of birth
• Country of citizenship
• Passport number
• Information about a master’s or higher degree from a U.S. institution of
higher education to qualify for the advanced degree exemption

5. INSZOOM IMMIGRATION
CONFERENCE 2019
H-1Bs - Adjudication Issues
• Specialty occupation definition
• Degree relevance
• Level 1 wages
• Employer-employee relationship
• Post 6 years H-1B portability

6. INSZOOM IMMIGRATION
CONFERENCE 2019
The Law Hasn’t Changed – But
Yet Things Seem Different!
• Rescission of prior guidance on H-1B petitions for
computer-related positions in March 2017
• Buy American And Hire American (BAHA) Executive
Order in April 2017
• Recession of “Deference Memo” in October 2017
• New “contract” and “itinerary” requirements for H-1Bs at
the third-party worksites in February 2018
• Memo - USCIS power to deny without an RFE or NOID if
the requirements for initial evidence under the regulations
have not been met in July 2018

7. INSZOOM IMMIGRATION
CONFERENCE 2019
Level 1 Definition Under DOL’s
2009 PW Guidance
• Level 1 (entry) wage rates are assigned to job offers for beginning level
employees who have only a basic understanding of the occupation
• These employees perform routine tasks that require limited, if any,
exercise of judgment
• The tasks provide experience and familiarization with the employer’s
methods, practices and programs
• The employee may perform higher level work for training and
developmental purposes
• These employees work under close supervision and receive specific
instruction on required tasks and results expected
• Their work is closely monitored and reviewed for accuracy. Statements
that the job offer is for a research fellow, a worker in training, or an
internship are indicators that a level 1 wage should be considered

8. INSZOOM IMMIGRATION
CONFERENCE 2019
Occupations Under Attack
• Business occupations: Market Research Analyst, Financial
Analyst, Management Analyst, Logistician, General Manager,
Operations Manager, etc.
• IT occupations: Computer programmer, Computer system
analyst, Web developer, Software developer.
Also: “Computer Occupations, All Other” (SOC Code 15-1199)
Positions, Including Software Quality Assurance Engineer,
Computer Systems Engineer/Architect, Business Intelligence
Analyst, And Information Technology Project Manager.

9. INSZOOM IMMIGRATION
CONFERENCE 2019
Portability And Extension Beyond
Six Year Limit
• H-1B Portability
- The new H-1B petition must have been filed while the foreign
worker is in H-1B status or is in a period of authorized stay based
on a timely filed H-1B extension petition.
-Employers may file successive H-1B portability petitions (i.e.,
“bridge petitions”) on behalf of H-1B workers.
• USCIS will deny bridge petition if a request for an extension of a
stay was denied in a prior H-1B portability petition and the
foreign workers Form I-94 has expired
• Bridge petitions may provide employment authorization as long
as each such petition separately meets the requirements for H-
1B classification and for an extension of stay

10. INSZOOM IMMIGRATION
CONFERENCE 2019
H-1B Policy, Regulatory,
Legislative Updates
Spring regulatory agenda released:
• H-1B eligibility and wage protection: DHS plans to
propose a rule that would revise the definition of
specialty occupation, as well as the definition of
employment and an employer-employee relationship.
The rule will also propose additional requirements
designed to ensure employers pay appropriate wages to
H-1B visa holders
• Unknown potential use - Adjustment of status change.
DHS plans to propose changes to procedures for
adjustment of status filing

11. INSZOOM IMMIGRATION
CONFERENCE 2019
Avoiding & Addressing RFEs
• Address regulatory criteria in petition support letter
o Provide documentary evidence and explain relevance
• Use O*Net an OOH to explain or defend the position and
degree requirement
o Explain relevance of degree to position
o Review Residential Finance case; degree in one specific field is
not required (AILA Doc. No. 12031265)
• Explain petitioners “right to control”
• Provide documentation to support third-party assignment
(duration, location, duties, etc.)

12. INSZOOM IMMIGRATION
CONFERENCE 2019
Questions???
Thank You!