H-1B Visa

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.
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On November 30th, 2018, The Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries. 

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What changes are coming to the H-1B visa process?

The field of immigration law has been in a state of flux since President Trump took office.  Several new laws are expected to go into effect this coming year.  Recently, the U.S. Citizenship and Immigration Services (USCIS) announced several new and potential changes to immigration law that could greatly impact individuals seeking legal entry or legal status in our country. Our  U.S. immigration lawyers at NPZ Law Group discuss the proposed upcoming legal changes and what they may mean for you or your prospective H-1B employees.

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Some visas, such as the H-1B, may require the employer pay for the attorney fees and filing fees, and some immigrant visas may require the employer to pay for all costs such as in the case of a PERM labor certification.

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USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.
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Over the last year or so, there has been much uncertainty surrounding the United States H-1B foreign worker Visa program. The H-1B Visa program is the largest guest worker program in the US. It is provides some of the most highly skilled technical workers in the country.
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How many times can I renew my H-1B visa?

H-1B visas are granted for a period of three years.  Often, H-1B visa holders may find that they wish to remain in the United States to continue working for their sponsored employer.  Visa holders have the option to renew their visa for another three-year period.  The renewal process, which was once fairly simple, may now be more complex as the Trump Administration has vowed to review renewals with additional scrutiny.

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What types of jobs may qualify for an H-1B visa?

The H-1B visa is a temporary work visa available to people in specialty occupations all over the world.  H-1B visa recipients are permitted to enter and work in the United States for a period of time, typically three years, after which time they can seek to renew the visa or return to their country of residence.  There are several types of H-1B visas depending on your occupation. To receive an H-1B visa, you will need to find a qualifying job sponsor in the United States.

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Por Michael Phulwani, Esq., David H. Nachman, Esq. e Ludka Zimovcak, Esq. – Advogados especializados em imigração
do escritório NPZ Law Group, P.C. - VISASERVE (New Jersey, New York, Indiana e escritórios afiliados no Canadá e Índia)

No ano passado, o Serviço de Cidadania e Imigração dos Estados Unidos (USCIS) anunciou que recebeu cerca de 236.000 petições para o visto H-1B para o ano fiscal de 2018. Ele ainda não informou quantas petições recebeu no processo atual, mas anunciou que nos primeiros cinco dias úteis de recebimento de petições já atingiu a cota prevista em lei – o que significa que a seleção será via loteria (também chamada “processo de seleção randômico”). Uma vez completada a loteria, o USCIS começa a enviar notificações.

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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.

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How many H-1B visas are given to foreign tech workers each year?

H-1B work visas allow foreign nationals to come to the United States to work in a specialty field.  Some of the most sought after H-1B visas are in the technology industry.  Foreign workers comprise over 57 percent of STEM (science, technology, engineering, and mathematics) workers in tech hub Silicon Valley, according to recent census data.

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