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Characteristics of H-1B Specialty occupation workers

The U.S. Citizenship and Immigration Services released its Fiscal Year 2019 (FY 2019) Annual Report to Congress. Among other things, the report shows that the number of H-1B petitions filed increased by 0.4 percent from FY 2018 to 420,549. The number of H-1B petitions approved increased 16.9 percent from FY 2018 to 388,403.

Of the H-1B petitions approved in FY 2019, 71.7 percent reported that the beneficiary was born in India. The second most prevalent country of birth of H-1B beneficiaries was the People’s Republic of China, representing 13.0 percent of all beneficiaries. The third most prevalent country of birth of H-1B beneficiaries was Canada, representing only 1.2 percent of all beneficiaries. The beneficiaries from each other country represent less than 1% of all beneficiaries. The number of beneficiaries from India approved for initial employment increased by 54.7 percent in FY 2019

At the time their petitions were approved, 62.4 percent of workers granted H-1B status during FY 2019 were between 25 and 34 years of age and 85.9 percent of workers between 25 and 39 years of age.

The breakdown of the highest level of education achieved by H-1B beneficiaries shifted to upward trend towards master’s degree in recent years. The report shows that 54 percent of all H-1B petitions approved for workers in FY 2019 reported that the highest degree achieved by beneficiary was the equivalent of a master’s degree, 36 percent a bachelor’s degree and 8 percent a doctorate degree.

The reports shows the distribution of beneficiaries by occupational category. The category of computer-related occupations was the largest occupational category in 2019 representing 66.1 percent of approved petitions. The second largest category was category of occupations in architecture, engineering and surveying representing 10.1 percent of approved petitions, followed by categories in administrative specializations (5.5%), education (5.1%), medicine and health (3.9%), mathematics and physical sciences (3%), life sciences (1.6%) and managers and officials (1.2%), etc.

The corresponding shares for initial employment in computer-related occupations were 56.3 percent and 71.6 percent for continuing employment. The number of H-1B petitions approved for workers in computer-related occupations increased by 16.3 percent. The number of H-1B petitions approved for all other known occupation groups increased by 18 percent. USCIS found that the median salary of beneficiaries for FY2019 was $98,000 and 54% held a master’s degree.

Please note that this articles does not constitute a legal advice.  We showed only some data from the report to outline some characteristics of H-1B visa/status recipients.  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.

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Presidential Proclamation Suspending Entry of Certain Non-Immigrants

On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.

The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.

The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.

The proclamation shall expire on December 31, 2020, and may be continued.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation.  If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.

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H-1B petition approval in 3 weeks

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

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Can An Employer Furlough an H-1B Employee?

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.

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

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.

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H-1B filing season approaches

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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It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2015

The U.S. Citizenship and Immigration Services will start accepting H-1B visa applications on April 1, 2014 for Fiscal Year 2015. H-1B visas are for foreign workers in specialty occupations with at least a bachelor’s degree or its equivalent. The fiscal year 2015 starts on October 1, 2014. There is a numerical cap on H-1B visas, which for FY 2015 is 65,000 plus an additional 20,000 for individuals who earned a Master’s degree or higher from U.S. accredited educational institutions. The cap will be filled very quickly, so it’s very important to start preparing the applications with an immigration lawyer early. Before the H-1B visa application can be submitted on April 1, certification of a labor condition application by the Department of Labor is required.

The Department of Labor may take up to seven business days to certify the labor condition application. Therefore, it’s important to make decisions about hiring foreign workers quickly and start preparing the applications as soon as possible, so the complete application can be submitted on April 1. If you want to make sure the H-1B visa application is prepared correctly, please call Juras Law Firm, PLC in Scottsdale, AZ at 480-425-2009 or schedule an appointment with us today!