H-1B Visa Blog Entries

US Work and Immigration Options for Foreign Professionals

A discussion with two members of our community

This entry is now old law.  The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…

Note: Updated all of the regulations comments on 31 December 2015.  I will keep adding, as needed.

12 January 2016

This is the latest release from USCIS.  I think they are misreading the fees requirement.  The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry).  The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees.  We will wait and see if this clarified

The H-1 quota cuts down 50% or more applications each year.  Legally, employees of foreign companies or entities can try and obtain B-1 visa in lieu of H-1 visas as long as they fulfill the following criteria outlined by the US Department of State.

Each intended B-1 (in lieu of H-1) entrant must: 

1.    Hold the equivalent of a U.S. bachelor's degree

2.    Plan to perform H-1B-caliber work or training

I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:

I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehensive-immigration-reform

COMMENTS FROM IMMIGRATION.COM

We have just received our first H-1 quota receipt notice. That indicates the H-1 lottery is concluded.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

Some folks are predicting that H-1 quota may last a lot longer than just April.

Remember also, if there is a lottery, ALL cases received by and including 5 April will be included in the lottery. As the regulation 8 CFR 214.2(h)(8)(ii)(B) states: