Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
H1B Visa 2015 - Dates, Cap Count, Fees and FAQ'shappyschools
Learn about H1B Visa 2015 ( October 1, 2014 to September 30, 2015). In this set of slides you can find information about
- Important Dates ( Start Date for H1B)
- H1B Visa Cap Count
- Processing Times
- When to start working
- Frequently Asked questions
- Latest News from USCIS
- H1B Visa Processing Fees
If your H1B sponsor is charging your HIGH fees, then beware of the employer. Lot of people trying to apply for H1B Visa form outside USA ( like India) might get ripped-off by consulting companies.
Presentation on the H1B Visa and its requirements. This presentation details the procedure to apply for the visa and evaluates the costs for companies who want to apply for this visa for their employees.
A practical guide on F-1 OPT, change of status to H1B and filling the Cap Gap.
VisaPro Law Firm can help you effectively plan and successfully accomplish H1B 2017 cap filings.
Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule your FREE H1B 2017 filing plan consultation today. We'll talk through your priorities and recommend strategies for H1B 2017 filings based on our attorneys' near 100% success rates.
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
H1B Visa 2015 - Dates, Cap Count, Fees and FAQ'shappyschools
Learn about H1B Visa 2015 ( October 1, 2014 to September 30, 2015). In this set of slides you can find information about
- Important Dates ( Start Date for H1B)
- H1B Visa Cap Count
- Processing Times
- When to start working
- Frequently Asked questions
- Latest News from USCIS
- H1B Visa Processing Fees
If your H1B sponsor is charging your HIGH fees, then beware of the employer. Lot of people trying to apply for H1B Visa form outside USA ( like India) might get ripped-off by consulting companies.
Presentation on the H1B Visa and its requirements. This presentation details the procedure to apply for the visa and evaluates the costs for companies who want to apply for this visa for their employees.
A practical guide on F-1 OPT, change of status to H1B and filling the Cap Gap.
VisaPro Law Firm can help you effectively plan and successfully accomplish H1B 2017 cap filings.
Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule your FREE H1B 2017 filing plan consultation today. We'll talk through your priorities and recommend strategies for H1B 2017 filings based on our attorneys' near 100% success rates.
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarrment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices. With the right information, you can avoid this outcome for your company and safely hire and retain key H-1B employees.
Learn the top 5 H-1B cap 2016 filing secrets from US immigration attorneys. See how VisaPro can increase your chances of H-1B lottery selection and approvals.
VisaPro is offering a FREE 2016 H-1B cap filing plan consultation. Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule it today.
This webinar gives you an in-depth overview of the most common H-1B visa alternatives and strategies to obtain work authorization for your foreign born employees. Learn about E-2, L-1, O-1, TN and other visa options to hire qualified professionals now, extension of F-1 OPT EADs, H-1B cap exemptions, and green card options as alternative to H-1B visas.
Common H1B Cap 2017 Filing Mistakes: Find out how to avoid them.
VisaPro Law Firm can help increase your chances of H1B lottery selection and approvals.
Contact VisaPro For a FREE 2017 H-1B Filing Plan Consultation at
http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2017 H1B visa filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
Find out all about H1B visa lottery and how to improve your selection and approval.
Contact VisaPro at
http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H1B Cap 2016, or need help in filing the H1B applications.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
Get your H1B filed through a top H1B consultant and beat the odds of the H1B lottery. These tips show you how to trick the system to immigrate to the US and start working for your dream company! Join the American Dream and work for one of those trusted consultants
Find out your chances of winning USICS H-1B lottery 2017.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the USCIS H1B Cap, or need help in filing the H1B petitions.
Learn the top 5 H-1B cap 2018 filing secrets from US immigration attorneys. See how VisaPro can increase your chances of H-1B lottery selection and approvals.
VisaPro is offering a FREE 2018 H-1B cap filing plan consultation. Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule it today.
H-1B ‘Right To Control’ RFEs: What to Expect and How to Answer Themmbashyam
Today, immigration practitioners and employers have needed to adapt to a myriad of changes in the H-1B professional worker program. It started a few years ago with stricter USCIS requirements on an H-1B employee’s itinerary if placed at an off-site work location. Then, in January 2010, the USCIS released the Neufeld Memo which redefined the employer-employee relationship, and made it harder for staffing firms to apply for H-1B visas.
This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success.
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
U.S. IMMIGRATION NEWS AND UPDATES - H-1B FILING SEASON IN FULL-SWING; EMPLOYMENT VERIFICATION (FORM I-9) PROCESS CHANGES; INCREASES IN H-1B & L-1 VISA PETITION FEES; NEW SKILLED-LABOR AND WORK VISA IMMIGRATION REGULATIONS; F-1 STEM OPT UPDATES?
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarrment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices. With the right information, you can avoid this outcome for your company and safely hire and retain key H-1B employees.
Learn the top 5 H-1B cap 2016 filing secrets from US immigration attorneys. See how VisaPro can increase your chances of H-1B lottery selection and approvals.
VisaPro is offering a FREE 2016 H-1B cap filing plan consultation. Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule it today.
This webinar gives you an in-depth overview of the most common H-1B visa alternatives and strategies to obtain work authorization for your foreign born employees. Learn about E-2, L-1, O-1, TN and other visa options to hire qualified professionals now, extension of F-1 OPT EADs, H-1B cap exemptions, and green card options as alternative to H-1B visas.
Common H1B Cap 2017 Filing Mistakes: Find out how to avoid them.
VisaPro Law Firm can help increase your chances of H1B lottery selection and approvals.
Contact VisaPro For a FREE 2017 H-1B Filing Plan Consultation at
http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2017 H1B visa filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
Find out all about H1B visa lottery and how to improve your selection and approval.
Contact VisaPro at
http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H1B Cap 2016, or need help in filing the H1B applications.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
Get your H1B filed through a top H1B consultant and beat the odds of the H1B lottery. These tips show you how to trick the system to immigrate to the US and start working for your dream company! Join the American Dream and work for one of those trusted consultants
Find out your chances of winning USICS H-1B lottery 2017.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the USCIS H1B Cap, or need help in filing the H1B petitions.
Learn the top 5 H-1B cap 2018 filing secrets from US immigration attorneys. See how VisaPro can increase your chances of H-1B lottery selection and approvals.
VisaPro is offering a FREE 2018 H-1B cap filing plan consultation. Visit http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp and schedule it today.
H-1B ‘Right To Control’ RFEs: What to Expect and How to Answer Themmbashyam
Today, immigration practitioners and employers have needed to adapt to a myriad of changes in the H-1B professional worker program. It started a few years ago with stricter USCIS requirements on an H-1B employee’s itinerary if placed at an off-site work location. Then, in January 2010, the USCIS released the Neufeld Memo which redefined the employer-employee relationship, and made it harder for staffing firms to apply for H-1B visas.
This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success.
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
U.S. IMMIGRATION NEWS AND UPDATES - H-1B FILING SEASON IN FULL-SWING; EMPLOYMENT VERIFICATION (FORM I-9) PROCESS CHANGES; INCREASES IN H-1B & L-1 VISA PETITION FEES; NEW SKILLED-LABOR AND WORK VISA IMMIGRATION REGULATIONS; F-1 STEM OPT UPDATES?
The tragic events that occurred in Paris on Friday are confusing and beg many questions. The staff of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. send deepest condolences to the families of those who perished and wishes for speedy recovery for those that were injured. Everyone was emotionally injured by this senseless incident. Ultimately, we continue to be reminded how important the government screening process continues to be in the immigration and visa application process.
This presentation starts with a brief introduction to OpenStack's Nova project, including a description of Nova's mission and scope.
Then we will take a whistle stop tour at some of the big things the Nova project has been working on during Liberty. Nova is currently doing a lot of architectural evolution work. Learn about how Nova is evolving its public API. Discover what Nova is doing in its drive towards zero downtime upgrades. Learn how Cells v2 is likely to enhance every Nova deployment.
https://mitakadesignsummit.sched.org/event/dd54ae99dbe2db39085d2be670a4efbd
PSG Global Solutions - Company OverviewJanet Abrigo
Since 2009, PSG has organically grown to close to 1,000 people in the Philippines focusing solely on helping staffing companies with their recruiting operations. Our customer base includes 4 of the top 10 staffing firms and 15 of the top 100 staffing firms.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
The first part begins with the discussion about “why LCA is silent on overtime compensation, OR, in the alternative, whether employers employing H-1B workers are required to pay overtime compensation” by providing a basic background about the H-1B visas and the Fair Labor Standards Act (FLSA) and its related regulations. Part II of the article explores the question of “why H-1B employees are usually treated as an “exempt employee” under the FLSA”. Finally, Part III will build on the Part II discussion and will also examine the situations involving H-1B employees working in occupation(s) that usually do not require an advanced specialized
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
Immigration attorney Ann Badmus discusses the basic H-1B visa requirements, how to register for the H-1B cap lottery, and more.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2018-2019. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
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H-1B FILING SEASON (FOR THE 2016 DEADLINE ON APRIL 1ST)
1. H-1B FILING SEASON (FOR THE 2016 DEADLINE ON APRIL 1ST)
GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND
PROSPECTIVE H-1B EMPLOYEES
By Michael Phulwani, Esq, David H. Nachman Esq,
and Rabindra K. Singh Esq.
2. US ECONOMY GROWTH
Based on the current predictions, the U.S. economy will rebound after 2015's
growth rate of 2.1%. What does this mean for the immigration practitioners,
professionals, and prospective H-1B employers and employees? Assuming that
the economy performs as projected, it is highly likely that we will once again,
as we did in 2015, witness the H-1B lottery (technically referred to as “Random
Selection Process”) during April 2016. To better prepare for the H-1B cap, this
article endeavors to summarize a few practice pointers which every prospective
H-1B employer and employee should know.
3. LIMITED NUMBERS: NOT 65,000; THERE ARE ONLY
58,200 REGULAR H-1B VISAS
The current annual cap on the H-1B category is 65,000. However, all H-1B
nonimmigrant visas are not subject to this annual cap.
Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year
for the H-1B1 program designed specifically for the Nationals of Chile and
Singapore.
Unused numbers in the H-1B1 pool are made available for H-1B use for the
next fiscal year. Thus, in effect, only 58,200 H-1B visas are granted each year
except the 20,000 additional H-1B visas which are reserved for individuals
who have received master’s degrees or higher from a U.S. college or
university. In another upcoming article, we will discuss, in detail, whether or
not every master’s degree from a U.S. academic institution would qualify an
individual for the H-1B master’s cap.
4. CONTINUED
Because of the limited number of H-1B visas, employers should
immediately begin to identify individuals who would need H-1B
sponsorship.
This will allow sufficient time for petition preparation, including
the time required to file and receive certification of the
prerequisite Labor Condition Application (LCA).
Thus, strategizing the submission of H-1B Petition is a key to
hiring an H-1B employee for the new United States and
Citizenship Services (USCIS) fiscal year beginning on October 1,
2016.
5. HOW LONG WILL USCIS ACCEPT H-1B
PETITIONS?
It is preferable, not mandatory, to submit H-1B Petitions on April 1, 2016.
The answer to the question “how long USCIS will accept H-1B Petitions”
depends on how many H-1B Petitions USCIS will receive during the first
five (5) business days (i.e. from Friday, April 1, 2015 until Thursday, April 7,
2015) beginning, April 1, 2016. If USCIS receives a sufficient number of H-
1B petitions during the first five (5) business days, an announcement will
follow about the Random Selection process.
If, however, USCIS does not receive a sufficient number of H-1B petitions
to reach the statutory cap for fiscal year (FY) 2017, during the first five (5)
business days, it will keep accepting H-1B Petitions until it announces a
“final receipt date” for new H-1B petitions.
It is beyond the scope of this article to discuss how USCIS conducts the
Random Selection process. We will address this topic, in detail, in another
article.
6. REFRAIN FROM FILING MULTIPLE H-1B
PETITIONS FOR THE SAME EMPLOYEE.
An employer may not file more than one H-1B petition for each prospective
employee during the fiscal year.
Therefore, a prospective employee who qualifies for the “Master’s Cap” of
20,000 cannot file two (2) petitions to encompass the regular H-1B and the
Master’s H-1B.
The limitation also precludes an employer from filing multiple petitions for
different jobs for the same employee but does not preclude related employers
(e.g., parent and subsidiary companies or affiliates) from filing petitions for the
same beneficiary.
However, the employer must demonstrate a legitimate business need to do so
and if it fails to meet that burden, all petitions on behalf of the beneficiary will
be denied or revoked.
7. BOTH THE PROFFERED POSITION AND
THE PROSPECTIVE H-1B EMPLOYEE
SHOULD QUALIFY
Not only the prospective employee but both the proffered position and prospective employee should
qualify for the H-1B visa. For a proffered position to qualify for an H-1B visa, it must be a “specialty
occupation”.
“Specialty occupation” is an occupation that requires: (1) a theoretical and practical application of a body
of highly specialized knowledge; and (2) 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 United States.
The H-1B regulations further require that a position also meet one of the following criteria, in order to
qualify as a specialty occupation: 1) A baccalaureate or higher degree or its equivalent is normally the
minimum requirement for entry into the particular position; 2) The degree requirement is common to the
industry in parallel positions among similar organizations, or, in the alternative, an employer may show
that its particular position is so complex or unique that it can be performed only by an individual with a
degree; 3) The employer normally requires a degree or its equivalent for the position; or 4) The nature of
the specific duties are so specialized and complex that knowledge required to perform the duties is
usually associated with the attainment of a baccalaureate or higher degree.
8. CONTINUED
Therefore, in order to qualify as a “specialty occupation,” a proffered position
must: (1) require a theoretical and practical application of a body of highly-
specialized knowledge; (2) require a bachelor’s degree or higher in the specific
specialty (or its equivalent) as a minimum for entry into the occupation; and (3)
meet one of the four alternative criteria listed above.
For a prospective employee to qualify for the proffered H-1B position, regulations
specify that s/he should have either one of the following: (1) Full state licensure to
practice in the occupation (if required); (2) Completion of the degree required for
the occupation; or (3) Progressively responsible work experience in the specialty
equivalent to the completion of such degree. Thus, a general degree absent
specialized experience may be insufficient because there must be a showing of a
degree in a specialized field.
9. THE FILING FEE DEPENDS UPON THE
TYPE AND SIZE OF H-1B EMPLOYER.
Besides legal fee, the employer will need to pay the USCIS filing fees. Note
that there is no flat fee that every employer is required to pay.
The amount of H-1B filing fee depends on the size and type of employer.
All employers are required to pay the base filing fee of $325.00 for the H-1B
petition.
Additionally, pursuant to the American Competitiveness and Workforce
Improvement Act (ACWIA), employers are required to pay an additional fee
(commonly referred as ACWIA fee) of $750 or $1500 unless exempt under
Part B of the H-1B Data Collection and Filing Fee Exemption Supplement.
10. CONTINUED
A sponsoring employer is required to pay a fee of $750.00 if it employs 25 or
fewer full-time equivalent employees. In all other cases, the employers need to
pay $1500.00.
Employers such as institutions of higher education; nonprofit organizations or
entities related to, or affiliated with an institution of higher education; nonprofit
research organization or governmental research organization, etc. are exempt
from paying the ACWIA fee.
Additionally, employers seeking initial approval of H-1B must pay a $500 Fraud
Prevention and Detection fee as mandated by the H-1B Visa Reform Act of 2004.
11. SPONSORING EMPLOYER
A sponsoring employer is required to pay a fee of $750.00 if it employs 25 or
fewer full-time equivalent employees. In all other cases, the employers need to
pay $1500.00.
Employers such as institutions of higher education; nonprofit organizations or
entities related to, or affiliated with an institution of higher education; nonprofit
research organization or governmental research organization, etc. are exempt
from paying the ACWIA fee.
Additionally, employers seeking initial approval of H-1B must pay a $500 Fraud
Prevention and Detection fee as mandated by the H-1B Visa Reform Act of 2004.
12. FY2016 OMNIBUS APPROPRIATIONS
BILL
Additionally, as a result of the FY2016 Omnibus Appropriations Bill
passed on December 18, 2015, the supplemental fee for H-1B petitions
are increasing for companies that employ 50 or more employees in the
United States and have more than 50 percent of their U.S. workforce in
H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously
expired fees H-1B petitions will increase from $2,000 to $4,000.
These supplemental fees must be paid on initial and extension petitions.
Further, either the employer or employee can pay an optional premium
processing fee of $1,225.00 to expedite the adjudication of a petition.
13. BE AWARE OF SALARY AND BENCHING
COSTS
A prospective employer must obtain a certification from Department of
Labor (DOL) that it has filed an LCA in the occupational specialty.
The employer attests on the LCA that H-1B nonimmigrant worker will be
paid wages which are at least the higher of the actual wage level paid by the
employer to all other individuals with similar experience and qualifications
for the specific employment in question OR the prevailing wage level for
occupational classification in the area of intended employment.
Thus, not to undercut wages paid to the comparable U.S. workers, Congress
has included a safeguard in the H-1B program. Additionally, employers are
required to pay the costs for the petition process.
14. CONTINUED
Regulations require that employers must begin paying LCA-stated wages when the
employee “makes him/herself available for work” but not later than 30 days after
employee’s entry into the United States or 60 days from the date that USCIS grants a
Change of Status.
Liability begins to accrue when the person “enters into employment” with the
employer. Thus, even if the worker has not yet “entered into employment,” when the H-
1B worker is present in the U.S. on the date of the approval of the H-1B petition, the
employer shall pay to the worker the required wage beginning 60 days after the date the
H-1B worker becomes eligible to work for the sponsoring employer.
The H-1B worker becomes “eligible to work” for the employer on the date set forth in
the approved H-1B petition filed by the employer.
15. EMPLOYER MUST CONTINUE TO PAYAN
H-1B EMPLOYEE WHO IS NOT WORKING
An employer must continue to pay an H-1B employee who is not working due to a nonproductive
status at the direction of the employer (e.g., benching because of lack of work, lack of a permit or
license).
This regulation applies even if the H-1B employee is receiving training either provided by the
employer or through some other external arrangement at the direction of the employer.
Thus, the employer is liable for both nonproductive time as well as productive time once employee
becomes eligible for work.
Employers who do not pay non-terminated H-1B employees may face civil penalties. Employers
are, therefore, advised to pay an H- I B employee his or her salary as listed on the LCA until that
employee has been terminated and the USCIS has been notified of the request to withdraw the H-
IB Petition.
Furthermore, if the H-1B employee is terminated prior to the end of the period of admission, the
employer is liable for “the reasonable costs of return transportation of the alien abroad.
16. COMPLIANCE ISSUES: POSTING NOTICE
OF THE LCA & MAINTAINING PUBLIC
ACCESS FILES
Notice of the LCA must be posted, or where there is a union it must be given to
the union, before filing the LCA.
The notice may be the LCA itself or a document of sufficient size and visibility
that indicates: (1) that H-1Bs are sought; (2) the number of H-1Bs; (3) the
occupational classification; (4) the wages offered; (5) the period of
employment; (6) the location(s) at which the H-1Bs will be employed; and (7)
that the LCA is available for public inspection. The notice should state where
complaints may be filed. Notice must be posted “in a least two (2) conspicuous
locations at each place of employment where any H-1B nonimmigrant will be
employed” and the notice shall be posted on or within 30 days before the date
the labor condition application is filed and shall remain posted for a total of 10
days.
17. NOTICES MAY BE POSTED IN AREAS WHERE WAGE
AND HOUR AND OSHA NOTICES ARE POSTED
Notice may be posted in areas where wage and hour and OSHA notices are
posted.
An employer may also provide electronic notice to employees in the
“occupational classification” for which H-1Bs are sought, through any means it
normally uses to communicate with employees including a home page,
electronic bulletin board or e-mail.
If accomplished through e-mail it needs only to be sent once; other electronic
forms (e.g., home page) should be “posted” for 10 days.
Notices must be posted at each worksite including ones not originally
contemplated at the time of filing but which are within the area of intended
employment listed on the LCA.
18. PUBLIC ACCESS FILE (PAF)
Additionally, an employer must maintain a group of documents referred to as a Public
Access File (PAF).
The PAF must be accessible to interested and aggrieved parties.
The PAF must be available at either the employer’s principal place of business or at the
worksite.
An interested party is one that has “notified the DOL of his or her/its interest or concern in
the administrator’s determination.”
The PAF must be available within one day after the LCA is filed with all supporting
documentation including: a copy of the completed LCA; documentation which provides the
wage rate to be paid; a full, clear explanation of the system used to set the “actual wage”; a
copy of the documentation used to establish the prevailing wage; copy of the notice given to
the union/employees; and a summary of the benefits offered to U.S. workers in the same
occupational classification, and if there are differences, a statement as to how differentiation
in benefits is made (without divulging proprietary information).
19. DEMONSTRATE SUFFICIENT LEVEL OF
“CONTROL” OVER PROSPECTIVE H-1B
EMPLOYEE(S)
In order for the H-1B petition to be approved by USCIS, a petitioning employer
must establish that an employer-employee relationship exists and will continue to
exist throughout the duration of the requested H-1B validity period.
Hiring a person to work in the United States requires more than merely paying the
wage or placing that person on the payroll of the H-1B petitioning organization.
In considering whether or not there is a valid “employer-employee relationship” for
the purposes of H-1B petition adjudication, USCIS must determine if the employer
exercises a sufficient level of “control” over the prospective H-1B employee.
Thus, the prospective H-1B petitioner organization must be able to establish that it
has the “right to control” as to when, where, and how the prospective H-1B
nonimmigrant beneficiary will perform the professional and specialty occupation
job. USCIS considers various factors in making such a determination (with no one
particular factor being decisive).