H-1B – Page 2 – Duane Morris Immigration Law

January 22, 2024March 6, 2024 by Valentine A. Brown

H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare

The H-1B Lottery Registration Window Opens March 6, 2024. The ending date of the registration will be March 22, 2024. Employers and potential H-1B workers should determine now, whether they will enter and start preparing the necessary information and documentation for the submission. While an immigration attorney is not required for employers to submit their entries, it is highly recommended to have counsel for the process, as the USCIS online system can be confusing and prone to snafus.

Employers should consider entering any foreign workers who are on Optional Practical Training (OPT), STEM OPT, or who hold other nonimmigrant statuses, such as TN and O-1into the lottery. Evaluating the job description, salary requirements and credentials of each potential entry is important, as well as determining whether the foreign national might qualify for the master’s cap, giving them a better chance of selection. Experienced H-1B counsel can also assist in determining whether a particular candidate in a particular position, will have a successful H-1B application after being selected. Continue reading “H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare”

January 18, 2024 by Valentine A. Brown

H-1B Domestic Visa Validation Pilot Starts on January 29: How To Manual

Overview

On December 21, 2023 the Department of State published information on a pilot project to provide visa renewals in the United States. Currently, any foreign national who needs to obtain a new U.S. visa must leave the United States to have their passport processed by a U.S. consulate abroad. This costly, inconvenient, and unpredictable process has long been a source of frustration for visa holders, and their employers. Below we provide details on this long awaited pilot. As strong advocates for our clients, we sincerely hope that it will be a success and will be rolled out for everyone during 2024. Continue reading “H-1B Domestic Visa Validation Pilot Starts on January 29: How To Manual”

January 18, 2023 by Valentine A. Brown

Premium Processing Expanded to Initial NIW and Multinational Manager I-140s on January 30, 2023

USCIS has announced the final phase of Premium Processing expansion for EB-1 I-140 petitions. Starting on January 30, 2023, USCIS will accept Form I-907 applications for all pending multinational manager and executive petitions as well as National Interset Waiver (NIWs) petitions AND all initial filings for these categories. USCIS has also announced that additional Premium Processing expansions will be announced in March for F-1 students seeking work authorization throuhg Optional Practical Training (OPT) and STEM OPT.

These announcements continue the slow roll out of addtional categores of USCIS applications in which the Premium Processing service is available. This service costs $2500 and guarantees the applicant that USCIS will take some action on a petition with in 15 calendar days for most petitions, including I-129s and many I-140s. For NIWs and Multinational Manager I-140s USCIS has increased the time frame to 45 days.

This is a welcome announcement for applicants and employers alike. Current procesing times for NIWs and Multinational Manager petitions can run upwards of 18 months leaving applicants in bureacratic limbo for long periods of time. However, careful consdideration must be given when deciding whether to opt for the Premium Processing Service. Immigration practitioners and hard data both confirm that applicants who choose Premium Processing are much more likely to receive Requests for Evidence (RFE) on their petitions from USCIS. Once an RFE is recieved, the clock stops, and does not restart again until the applicant responds to the RFE.

More information on Premium Processing and application eligibility can be found here.

January 15, 2023January 18, 2023 by Valentine A. Brown

Options for H-1B Workers after Employment Termination

With recent layoffs in the tech industry, H-1B and other nonimmigrant workers may find themselves stranded in the US with no work and potentially no legal immigration status. USCIS has issued detailed information for these workers, explaining their options and some relief that may be available in certain circumstanes:

60-Day Grace Period: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter. During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).

Portability: Portability rules permit workers currently in H-1B status to begin working for a new employer as soon as the employer properly files a new H-1B petition with USCIS, without waiting for the petition to be approved. Also, a worker with an adjustment of status application (Form I-485) that has been pending for at least 180 days with an underlying valid immigrant visa petition (Form I-140) has the ability to transfer the underlying immigrant visa petition to a new offer of employment in the same or similar occupational classification with the same or a new employer.

Change of Status and/or Employer: Workers may use the up to 60-day discretionary grace period to apply to change their nonimmigrant status, which may include changing status to become the dependent of a spouse (e.g., H-4, L-2). Some individuals in a dependent nonimmigrant status may be eligible for employment authorization incident to status, including spouses of E-1, E-2, E-3, or L-1 nonimmigrants.

There are other options available as well, depending upon individual circumstances. It is highly advisable for anyone who finds themself terminated from the employment that is underlying their nonimmigrant visa status to contact immigration counsel to review all of the legal options, and immigration consequences of the termination.

June 10, 2021January 18, 2023 by Valentine A. Brown

Good USCIS News: Policy Pronouncements Recognize Real-Life Customer Service Issues and try to Fix Them

New polices going into effect today will address application processing delays and their negative impacts on applicants, including loss of work authorization due to USCIS processing delays; delayed foreign national start dates due to USCIS adjudication delays and RFEs; and giving more applicants more opportunities to request that their applications be expedited.

Work Permit Validity Extended: from 1 year to 2 years for Adjustment of Status Applicants (Category C-09). This will greatly reduce the inconvenience or applying for new permits and job loss due to expiring permits; Continue reading “Good USCIS News: Policy Pronouncements Recognize Real-Life Customer Service Issues and try to Fix Them”

January 15, 2021 by Valentine A. Brown

Hiring and Immigration: Questions to Ask and Factors to Consider

Hiring season is fraught with questions and uncertainties; preparing employment applications; interviewing, drafting offer letters….. What questions can be asked? What questions should be asked? These concerns are even more pronounced when it comes to immigration status, and immigration sponsorship. Those tasked with the hiring process often ask, whether it is legal to ask applicants about their immigration status, how to ask that question, and even more important, “Do we have to sponsor for immigration status if the applicant needs it?”

Read the full post here:

January 14, 2021January 14, 2021 by Duane Morris

H-1B Lottery Selection Criteria May Change to Salary-Based Process

The Department of Homeland Security (DHS) has issued a new rule that transforms the random cap H-1B selection process to one that prioritizes registrations and petitions based on the highest Department of Labor (DOL) prevailing wage level met by the offered salary. It is not clear yet whether the incoming Biden administration will implement this rule at all or with modifications. Learn more in our recent client alert.

December 3, 2020 by Valentine A. Brown

H-1B Wage Rules Rescinded – Another Win for Employment-Based Immigration

A challenge brought by the U.S. Chamber of Commerce to the new H-1B wage levels and the new definition of “Specialty Occupation” was upheld by the United States District Court for the Northern District of California on December 1, 2020. The plaintiff’s Summary Judgement motion was granted when the Court held that the government failed to demonstrate good cause for not following the normal notice and comment procedures required for immigration regulations. The government’s failure to follow the proper rulemaking procedures makes the new rules invalid and requires them to be rescinded by the government. Continue reading “H-1B Wage Rules Rescinded – Another Win for Employment-Based Immigration”

August 28, 2020August 28, 2020 by Valentine A. Brown

USCIS gets flexible on I-9 Process, but Employers must stay Vigilant

The I-9 process continues to be the bane of HR existence. Recent accommodations for remote work environments, closed driver’s license agencies, and USCIS delays in printing work permits and green cards are definitely appreciated and helpful, but they also make the process more confusing. Employers are beginning to worry about how they will catch up on viewing all of the original documents they saw remotely during the pandemic, in the USCIS-designated 3-day time frame once their companies return to the office. Meanwhile, I-9 audits and worksite enforcement actions are continuing apace. While following all of the new guidance, employers must also be sure to stick to the basics. Continue reading “USCIS gets flexible on I-9 Process, but Employers must stay Vigilant”

March 29, 2020March 29, 2020 by Valentine A. Brown

COVID-19 Immigration Agency Suspensions and Cancellations 3/29/2020 Update

The Duane Morris Immigration Team is dedicated to providing the most up to date information and zealous advocacy on behalf of our clients during the COVID-19 emergency. Below we have compiled information from various U.S. agencies on all aspects of travel, USCIS appointments, ICE activities and Removal Proceedings. This post will be updated as changes develop. Duane Morris has developed a COVID-19 Strategy Team which is providing regular updates on all business and employment related matters impacted by the COVID -19 pandemic. A second webinar on Business Continuity Planning for a Pandemic will be held on Wednesday, March 18. To register, click here.

Topics Discussed Below

Continue reading “COVID-19 Immigration Agency Suspensions and Cancellations 3/29/2020 Update”