Jun
17

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H-1B petition approval in 3 weeks

Category: H-1B, H-1B attorney in Phoenix, H-1B cap, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona Tags: , , , , , ,

My client is a global marketing and branding company and filed a H-1B petition for a position of an Interior Designer.  The H-1B registration was selected in the H-1B lottery.  The Client was very cooperative and provided all documents necessary to show to the USCIS satisfaction that the Interior Designer is a specialty occupation according to the regulations.  In this case, the Petitioner (Client) normally requires a degree or its equivalent for the position and a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of the Interior Designer.   The position of the Interior Designer is also so complex that it can be performed only by an individual with a degree.

The client provided documents related to the position and showing that the Beneficiary (Employee) meets the requirements for the position.   The Beneficiary has a Master of Interior Architecture and has been working for the Client as a junior Interior Designer on her OPT.   My client was very happy to receive the approval just in 3 weeks, especially for entry level position.  Congratulations!

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the H-1B process.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B visa attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B visa

Apr
5

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Can An Employer Furlough an H-1B Employee?

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney

As the coronavirus pandemic is forcing many employers to furlough or lay off their workers, questions arise about the consequences of such measures on foreign workers currently in H-1B status.  The Department of Labor regulations require employers to abide by the certified labor conditions, including payment of the required wage and full-time vs. part time employment.  The employers cannot furlough or stop paying the required wage without exposing itself to fines, back wages and debarment from immigration programs. 

If the employer wants to convert a full-time H-1B employee to a part-time status, it must file a new labor certification application and amended H-1B petition to reflect such change.  The employee can start working when the amended H-1B petition is filed.

We continue to monitor the Department of Labor’s guidance.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the H-1B regulations.  If you are considering any changes to the approved H-1B labor conditions, call an experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule anH-1B consultation. We will make sure you are complying with H-1B regulations and help you avoid fines or other negative consequences associated with H-1B non-compliance.

Mar
20

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H-1B registration ends on March 20, 2020 (noon ET)

Category: H-1B, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, Uncategorized

The USCIS has implemented the electronic registration process for the first time for the fiscal year 2021 (FY 2021) H-1B cap.

The employers (registrants), who are seeking authorization to employ H-1B workers subject to the cap, must first electronically register and pay $10 registration fee for each employee. The H-B registration process for FY 2021  started on March 1, 2020 at noon ET and remain open until March 20, 2020 at noon ET.

The H-1B random selection process, if needed, will then be run on properly submitted electronic registrations. The USCIS intends to notify selected registrants by March 31, 2020. The selected registrants may start filing H-1B cap-subject petitions on April 1, 2020.

If you are considering applying for H1-B status for your employee and would like an attorney to help you navigate this new process, call our experienced H-1B Immigration Attorney Irena Juras at 480-425-2009 or contact us via our website and we will assist you.

Feb
12

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H-1B filing season approaches

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, immigration Attorney in phoenix, Immigration attorney Phoenix

It is now time for employers to start planning the H-1B petition filings for foreign national employees.  The U.S. Citizenship and Immigration Service will begin accepting H-1B petitions subject to the FY 2017 cap on April 1, 2016.  Beneficiaries of approved H-1B petitions will be eligible to start working on October 1, 2016, the beginning of the FY 2017.  While April 1 may appear to be away, it will be here sooner than you expect.

The H-1B visa category provides for the temporary employment of foreign nationals in “specialty occupations” for which at least a bachelor’s degree or its equivalent is required (for example, accountants, pharmacists, computer programmers, engineers, lawyers, teachers, and many other professions).

There is a cap of 65,000 visas per year plus 20,000 visas for workers who possess U.S.-earned masters or higher degrees.  It is expected, as in the previous years, that petitions received from April 1 to April 7 (the first five business days of April) will be considered in the H-1B “lottery” (computer-generated random selection process).  The lottery will select H-1B petitions, which will be accepted for adjudication.

As the economy improved and a large number of H-1B candidates is expected to apply this year, we advise employers to be proactive and move quickly to ensure their H-1B petitions are prepared and ready to be filed prior to April 1, 2016.  Keep in mind that prior to the filing of the H-1B petition, a labor condition application has to be certified by the Department of Labor and must be submitted with the H-1B petition.  For more information and help with your H-1B petitions, call us today at 480-425-2009 or contact us through our website!

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