H-1B Visa

There are many visa categories for United States universities and colleges to employ faculty from across the globe. Therefore, in this article, the immigration and nationality lawyers at the NPZ Law Group explain these nonimmigrant (temporary) visa categories.
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BALCA recently considered whether an employer properly rejected a U.S. applicant based on the applicant's resume alone without an interview or subsequent inquiry and whether the employer failed to provide an explanation as to why the U.S. applicant could not acquire the skills necessary for the job following a reasonable period of on-the-job training.
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According to the June 2021 America Works Report released by the United States Chamber of Commerce, the United States is facing an unprecedented labor shortage. Can the U.S manufacturers’ labor shortage be solved by leveraging immigration? Read on to find out.
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In the upcoming fiscal year of 2022, the USCIS has made calculations on the number of H-1B visas to offer to randomly selected applicants based on acceptances, rejections, and revocations provided for previous years.
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On May 18th, 2021, The Department of Homeland Security issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.

On Oct. 8, 2020, DHS issued an IFR titled, Strengthening the H-1B Nonimmigrant Visa Classification Program. On Dec. 1, 2020, the U.S. District Court for the Northern District of California vacated the IFR.

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PRESS RELEASE – May 18th, 2021 - The US Immigration and Nationality Lawyers and Immigration Staff at the Nachman Phulwani Zimovcak (NPZ) Law Group, PC fully support the litigation case filed by five nonprofit organizations and businesses, represented by the American Immigration Lawyers Association (AILA), Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC.
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H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. USCIS have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
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An H-1B visa is an employment-based, non-immigrant visa. It is granted to temporary workers in the U.S.
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Last year USCIS received approximately 275,000 H-1B petitions for the fiscal year 2021. Once the random selection process (if a sufficient number of registrations are received) has been completed USCIS starts to send receipt notices.
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As per the new changes implemented for the fiscal year 2022 H-1B cap, U.S. Citizenship and Immigration Services has opened the initial registration period from March 9 through March 25, 2021. During this period employers will need seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00 H-1B registration fee before filing a petition for the fiscal year 2022 H-1B cap.
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On March 12, 2021, USCIS announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda.
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