Feb
8

By

Time to prepare for H-1B filing season

Category: Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, H-1B registration, H-1B status, H-1B visa Tags: , , , ,

As an immigration lawyer, I’m here to simplify the upcoming changes in the H-1B visa filing process for the Fiscal Year 2025, making it easier for you to understand and prepare. The U.S. Citizenship and Immigration Services (USCIS) is introducing a new, beneficiary (employee) centric H-1B registration system.  In the past USCIS conducted the selection process by the registrations filed by employers.  Multiple employers were filing registration for the same employee.  Under the new H-1B registration system,  USCIS will conduct the selection process by unique beneficiaries (employees). This system should significantly reduce or eliminate the advantage of submitting multiple registrations for the same employee solely to increase the chances of selection and should give all beneficiaries an equal chance at selection.

Another change is an introduction of organizational accounts. This new USCIS platform allows online collaboration for employers and their legal representatives and submitting the H-1B registrations.  It was designed to streamline the H-1B filing process. It is important to start planning who will take the new roles of administrators, creation of different groups and associated legal representatives.  Initial H-1B registration period is scheduled from March 6, 2024, at 12 noon (ET) to March 22, 2024, at 12 noon (ET). Make sure to mark these dates on your calendar.

For the first time, the selected employers will be able to file the Petitions for Alien Workers (form I-129) with supporting documents online.  Starting April 1, 2024, all H-1B petitions will be subject to new fees. For employers with 26 or more full-time employees, the Form I-129 filing fee will be $780. Small employers (with 25 or fewer full-time employees) and nonprofit entities will be charged $460. Additionally, an asylum program fee is introduced to cover the costs of asylum adjudications: $600 for larger employers (26 or more employees), $300 for smaller employers and no fee for nonprofit organizations.  Starting February 26, 2024, the premium processing fee is increasing to $2,805

This shift towards a more transparent and efficient system is a crucial development for employers and prospective H-1B applicants. As always, planning ahead and understanding these changes are key to navigating the H-1B process successfully. If you’re an employer looking to sponsor an employee for H-1B visa or if you are an employee aiming for an H-1B status, our experienced H-1B immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney TODAY at www.calendly.com/irena-3/30min

We look forward to talking with you and helping you!

Feb
28

By

H-1B registration starts on March 9, 2021

Category: Best H-1B attorney in Scottsdale, Best Investor visa attorney in Phoenix, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, H-1B registration, H-1B status Tags: , , , , ,

The registration for the fiscal year  2022  H-1B cap will start on March 9, 2021, and will end on March 25, 2021.  If there are more than 85,000 registrations received by March 25, the USCIS will randomly select registrations and intends to notify the registrants by Mach 31, 2021.

The petitions subject to the H-1B cap-subject may only be filed by those employers whose registrations were selected. USCIS delayed the changes to the H-1B selection process until December 31, 2021.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the H-1B registration process for the fiscal year 2022.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

Oct
29

By

New proposed H-1B “wage-based” selection process

Category: "Extraordinary Ability" Visa, Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, New H-1B selection process, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , , , , ,

The Department of Homeland Security (DHS) proposes to
change the process of selecting H-1B registrations for filing of H-1B cap-subject petitions from a random lottery selection to a wage-level-based selection process.

If more registrations were received during the annual
initial registration period than necessary to reach the
cap, USCIS would rank and select the registrations received generally on the basis of the highest OES wage level in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I

These proposed changes would incentivize petitioners to offer higher wages
to H-1B workers or petition for positions requiring higher skills By changing the selection process, DHS would increase the chance
of selection for registrations or petitions seeking to employ beneficiaries at wages that would equal or exceed the level IV or level III prevailing wage. The DHS data shows that only 28.53% of H-1B petitions received in FYs 2018 and 2019 were filed for level IV and III wages.

The 30-day comments period starts on November 2, 2020.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the proposed changes to H-1B selection process. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.