H-1B Visa

Canadian and Mexican professionals who are looking to move temporarily to the U.S. for work have several promising visa options. Individuals in this situation may be eligible for either a TN visa or an Read more . . .

Earlier this year, USCIS published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption.
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For many international students in the U.S on an F-1 visa, a major goal is to secure an employer for H-1B visa sponsorship. In order to change nonimmigrant visa status from an F-1 to an H-1B, the student can elect to try and go directly to H-1B status or go from F-1 OPT (Optional Practical Training) to H-1B.
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The American Immigration Lawyers Association released USCIS documents following the settlement of a FOIA lawsuit that confirm their suspicions that USCIS has been limiting H-1B visas without legal precedent. 

The USCIS documents made public are “H-1B RFE Standards” from March 23, 2017, and “H-1B AC21 Denial Standards, from July 17, 2017. These changes followed the Trump administration’s policy of “Buy American, Hire American,” and intentionally restricts highly skilled foreign workers from US jobs.
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On June 10, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, petitioners may file Form I-907, Request for Premium Processing Service, with the USCIS service center that is processing their petition.
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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.
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Upon approval of H-1B petition by the USCIS, foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States.
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On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap.
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If you are an employer of a person who has an H-1B visa, you may face an audit and investigation by the U.S. Department of Labor (DOL). DOL is cracking down on any suspected abuse of the Read more . . .

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.
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On May 20, 2019, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907.
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