Articles Posted in H-1B Portability

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we have some bad news for H1B visa holders, some very very alarming statistics. If you want to know what they are watch this video.

H1B Visas and Rate of Denials

Based on a recent statistic, between 2015 through 2019 there has been a significant increase in H1B visa denials. H1B visa denials have quadrupled in denial rates.

Similarly, the volume of requests for evidence issued to H1B petitioners have increased by 60 percent.

The H-1B season for fiscal year 2021 will bring some important changes. Firstly, USCIS has imposed a new online electronic registration requirement for H1B petitioners to streamline the H1B lottery process.

When we see a quadrupling in the rate of H1B visas denied for strong H1B petitions, it is apparent that the government is trying to send a message, which is that they want to limit the amount of people who can actually file for H1B visas. In the requests for evidence we have received for H1B extensions and transfers, we see a trend in which USCIS is using the most narrow interpretation of what a “specialty occupation,” is which by definition limits the pool of candidates eligible to receive an H1B visa.

We are seeing almost automatic denials for our marketing and business positions because USCIS is being so restrictive in how they interpret and define a “specialty occupation.” USCIS is taking the position that marketing and business positions are not “specialty occupations.”

USCIS has time and time again refused to accept the complexity of these positions, legal arguments in support of a finding that these positions are in fact specialty occupations, and ignored expert opinions supporting such positions as “specialty occupations.”

From what we have seen in our own filings and from conversations we have had with other attorneys and law offices, it is becoming increasingly difficult to get H1B visas approved for positions and occupations are were normally approved without difficulty in the past.

Continue reading

Have you ever wondered how you can land a job with a US employer who will sponsor you for an H-1B visa?

In this video attorney Jacob Sapochnick discusses the process of finding a job in the United States that can lead to an H-1B sponsorship.

To be able to work in the United States you must have a work visa. The most common work visa is the H-1B visa.

What is the H-1B visa?

The H-1B visa allows American companies and/or organizations to employ foreign workers in a specialty occupation. To be able to apply for the H-1B visa you must have a job offer from a U.S. employer, and a bachelor’s degree or the equivalent work experience to work in the position sought.

The H-1B visa is a visa for professionals. Attorneys, architects, engineers, business directors, lodging managers, etc. can apply for the H-1B visa based on their specialty occupation.

How do you land a job offer?

U.S. employers are open to hiring foreign nationals, but many are unaware of the process that goes into employing a foreign national.

Continue reading

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.

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

Capture

It is our pleasure to introduce you to our in-house attorney Marie Puertollano. From preparing clients for their citizenship and marriage interviews to successfully filing I-601A waivers and I-360 applications, Marie Puertollano Esq. is an attorney that wears many hats.

Marie Puertollano specializes in processing various types of applications with USCIS including the successful processing of H1-B’s, I-751 waivers, religious worker visas, asylum, I-601A waivers, F-1 reinstatement, B-2 tourist visitors, B-1 business visitors, H-3 trainees, I-360 abused spouses, etc.

Bio: Marie Puertollano was born and raised in France. She earned two Master Degrees in Law at California Western School of Law; one in France in Public Law and one in the United States in Comparative Law (LL.M). Marie Puertollano is fluent in French, English and Spanish. Marie has been with the law offices of Jacob Sapochnick since March 2012.

Marie developed a passion for the protection of immigrants’ rights, while being a social worker in Gainesville, GA. Marie worked with an organization helping battered women to obtain their visa and for an organization helping detained and non-detained people seeking cancellation of removal proceedings.

In her spare time she enjoys spending time with her family, swimming, biking, and dancing. She regularly serves food to the homeless and is a motivational speaker.

To schedule a first time consultation please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

Capture

The H1-B visa season is fast approaching. In this video, Attorney Ekaterina Powell, Esq.,  shares our top tips on how to prepare for the H-1B visa lottery and the eligibility requirements for this popular visa.

To read more about the H-1B visa please read our H-1B guide.

For more information and eligibility questions please contact our office.  Remember to follow us on FacebookYoutubeTwitter, and Instagram 

Capture

In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.

Overview: 

  • The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
  • The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
  • There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
  • Be very clear with the attorney working on your case as to the kind of position that you will be applying for.

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

Capture

In this segment, attorney Jacob J. Sapochnick answers one of our most frequently asked questions: I am an H-1B visa holder, and just found a new job. How can I start working for my new employer? To learn more about the H-1B visa click here.

Overview: 

  • You may start working for a new employer, as soon as you have found a committed employer willing to file a petition for you. However, you do not need your petition to be filed in order to start working for the new employer. Additionally, you do not need to have an approval for the new employment in order to begin employment;
  • The American Competitiveness 21st Century Act allows an immigrant to begin working for a new H-1B employer as soon as that new employer files a petition.

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

Capture