Articles Posted in Dual Intent Visas

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The H-1B cap season is now in full swing. Electronic registrations for the fiscal year 2025 H-1B work visa lottery opened on March 6th and will close at noon eastern time on March 22nd.

If you want to know how you can prepare for the upcoming lottery and learn about the recent changes made to the program, we invite you to watch our video.

Overview

The H-1B visa program is one of the most common work visas for professionals seeking to work for U.S. employers in specialty occupations that require a bachelor’s degree or the foreign equivalent. Every year, during the month of March, 65,000 H-1B work visas are up for grabs, and an additional 20,000 visas are available for those holding a U.S. advanced degree (master’s degree or higher from accredited U.S. institutions of higher education).

Those who wish to have a chance of being selected must submit an online electronic registration before the deadline of March 22nd.  Once the registration period has closed, USCIS will select enough registrations to meet the annual H-1B visa cap from the pool of applicants who have registered.

About the Electronic Registration System

The online electronic registration system was first introduced by USCIS in 2019 to streamline the H-1B selection process, without requiring U.S. employers to first submit complete paper filings by mail.

The electronic registration process allows U.S. employers and their prospective employees to first compete for the limited number of H-1B visas available, and once selected U.S. employers can submit complete filings to USCIS on behalf of the foreign worker.

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If you are in participating in the H-1B visa program as an employer or beneficiary, you may be interested to learn all about the recent changes being made to strengthen the program and improve the H-1B registration selection process. Recently, the Department of Homeland Security published a final rule in the Federal Register, which will go into effect on March 4, 2024, just in time for this year’s H-1B cap season to kick off.

Learn all about these changes in this video, including filing fee increases and new fraud prevention measures being implemented to ensure H-1B beneficiaries have an equal chance of being selected in this year’s lottery.

Overview

FY 2025 H-1B Registration Period Begins at Noon ET March 6, 2024

The initial registration period for the FY 2025 H-1B cap season will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During the registration period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary ($10 per registration and $215 per registration starting in fiscal year 2026).

Final Rule Brings New Changes to the H-1B Cap Electronic Registration Process

In anticipation of the H-1B cap season, on January 30, 2024, the United States Citizenship, and Immigration Services (USCIS) announced the publication of the final rule, “Improving the H-1B Registration Selection Process and Program Integrity.”

The purpose of the final rule is to strengthen the integrity of the program and reduce the potential for fraud in the H-1B electronic registration process, to prevent beneficiaries or their employers from gaming the electronic registration process to their advantage.

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In this video attorney Jacob Sapochnick discusses how Google layoffs are impacting foreign workers in the United States going through the employment-based green card process known as PERM. Layoffs in Silicon Valley have been more and more common, with major tech companies like Amazon, Facebook, and Twitter abruptly ending thousands of jobs, leaving workers scrambling for alternatives.

Specifically, what happens when a foreign worker is going through the employment-based green card process with their U.S. employer and subsequently gets laid off?

In this video we discuss the different scenarios that may apply and go over the different options for laid off workers going through the green card process.

If you want to know more just keep on watching.

Did you know? PERM Labor Certification is the process used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file the I-140 Immigrant Petition for Alien Worker with USCIS, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL).

Overview

What are the immigration options for those whose employment has been terminated?

Unfortunately, the uncertain economic climate has led to the loss of thousands of jobs, negatively impacting foreign workers. In particular H-1B workers have been some of the most affected.

Below we discuss some of the options that may be available to nonimmigrant workers who have been terminated and wish to remain in the United States following their termination. Additionally, we discuss how some workers can preserve their I-140 petition’s priority date or even their green card process depending on the stage of employment termination.

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In this segment, attorney Jacob J. Sapochnick, discusses what an L-1A visa is, the requirements, and eligibility.

Overview: 

The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1A requires the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years. The great thing about the L-1A visa is that there is no annual limit on the number of L-1A visas issued, and the L-1A visa is a “dual intent” visa meaning that the applicant may apply for a green card and become a permanent resident without jeopardizing his or her L-1 status.

To read more about the L-1A visa please click here.

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In this video, attorney Jacob Sapochnick answers your questions regarding H-1B visa portability.

Q: Can an H-1B employee work at different site locations and can an employee change jobs easily?

A:  Yes, but a separate Labor Condition Application must be filed for each work site. H-1B employees are able to transfer jobs, so long as the petition filed by the new employer is not subject to a numerical cap. A person who already has an H-1B visa can port to another employer, but the new employer must file a new petition. Once you have received a receipt notice for the new petition you may begin working for the new employer.

Overview of the H-1B program: 

The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary business skills and abilities absent within the American workforce. The provisions of the H-1B program allow qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from being negatively affected by the temporary employment of these workers.

In order to qualify for an H-1B visa, the Petitioner (U.S. Employer) must submit evidence that substantiates that the foreign worker either a) possesses a bachelor’s degree or higher or equivalent work experience for the particular position sought b) that the degree requirement is common for the particular position within the industry, or that the job is so complex or unique that it can only be performed by someone possessing a bachelor’s degree or equivalent work experience in a relevant field for the position c) that the employer normally requires a degree or its equivalent for the position or d) that the nature of the duties necessary to perform the position are so specialized and complex that performance of the duties is associated with attainment of a bachelor’s degree or higher, or equivalent work experience.

H-1B Cap

The H-1B visa program is subject to a congressionally mandated cap limiting the issuance of H-1B visas to 65,000 per year. Individuals holding advanced degrees are exempted from the 65,000 cap. Initial H-1B applicants must demonstrate that they have obtained an American master’s degree or higher to be exempted from the cap, however only the first 20,000 petitions received by USCIS will benefit from the exemption.

For more information about the H-1B visa please visit our website.

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In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.

To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a first time consultation.

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Want to learn more about the Law Offices of Jacob Sapochnick? Please keep watching.

Overview: 

The Law Offices of Jacob J. Sapochnick provides specialist expertise in all aspects of US immigration and nationality law and practice. Our track record of successful practice in this area is evidence of the high standard of knowledge and skill brought to bear in respect of all cases that we handle and all instances when we provide advice and representation.

The firm prides itself on its speed of response, dealing with matters efficiently and conscientiously at all times. Our strength lies precisely in our understanding of clients’ needs, which stems from our broad and varied experience of legal practice in this area. We are aware that those consulting us are often in difficult positions, sometimes with urgent or compelling business or personal needs that hinge on their immigration requirements, calling for dependable and confident advice and assistance. Our practical approach is directed at understanding our clients’ needs and meeting those needs. Your immigration is our passion.

To learn more about the services we offer please visit our website.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?

Overview:

This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?

In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.

For more information about this topic please contact our office.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and how the lottery process works. A congressionally mandated cap exists for the H-1B program, limiting the issuance of H-1B visas to 65,000 per year. This is why the H-1B visa is commonly referred to as a ‘lottery’ visa. Individuals holding advanced degrees are exempted from the 65,000 cap. The priority deadline for filing of the H-1B visa is April 1, 2016. For more information about the H-1B visa please click here.

What is the H-1B Program?

The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary business skills and abilities absent within the American workforce. The provisions of the H-1B program allow qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from being negatively affected by the temporary employment of these workers.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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In this segment, attorney Jacob J. Sapochnick discusses the key to filing a successful self-employed H-1B petition. For more information please contact us for a consultation.

One of the most important factors in filing a successful self employed H-1B petition is to demonstrate that there is an existing board of directors that would relieve the H1B employee from taking major decisions.

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