#H1b attorney

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Visa and immigration options for foreign investors and their employees

Follow the link to learn about visa and immigration options for foreign investors and their employees.

PS: If you need an independent immigration or corporate law help to better negotiate the Term Sheets, Intellectual Property Rights or to craft an Immigraiton Plan, do not hesitate to contact us at Adhikari Law at info@adhikarilaw.com

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H1B VISA DENIAL APPEAL FOR INDIANS

H1B visas are temporary work visas issued to skilled foreign workers seeking employment in the United States. The typical beneficiaries of H1B visas are individuals with specialized skills and knowledge in technology, engineering, science, and mathematics.

H1B visas are particularly significant for Indians as they are one of the largest beneficiaries of these visas. In fact, according to data from the US Department of State, Indians accounted for approximately 70% of all H1B visas issued. 

The importance of appealing an H1B visa denial cannot be overstated. If an individual’s H1B visa application is denied, it can significantly impact their ability to work and live in the United States. However, appealing a denial can provide the opportunity to address any issues or concerns that may have led to the initial denial.

Types of H1B visas. 

There are several types of H1B visas available to Indians, including:

Regular H1B visas are the most common type of H1B visas issued to foreign workers offered jobs in a specialty occupation in the United States.

H1B2 visas: These are a type of H1B visa available to individuals who will be performing work in a field that requires the services of a Department of Defense (DOD) research and development project.

H1B3 visas: These are a type of H1B visa available to individuals performing work in a fashion model capacity. These visas are typically granted for up to three years, with the possibility of extension.

Types of H1B visa denials 

There are two main types of H1B visa denials:

Consular denials: Consular denials occur when an H1B visa application is denied by a US consulate or embassy abroad. This type of denial may occur if the consular officer determines that the applicant does not meet the eligibility requirements for the visa or if the officer has concerns about the applicant’s qualifications, job offer, or other aspects of the application.

USCIS denials: USCIS denials occur when an H1B visa application is denied by the US Citizenship and Immigration Services (USCIS) in the United States. This type of denial may occur if USCIS determines that the applicant does not meet the eligibility requirements for the visa or if USCIS has concerns about the applicant’s qualifications, job offer, or other aspects of the application.

Common Reasons for H1B Visa Denial for Indians

There are several reasons why an H1B visa application may be denied for Indians, including:

Insufficient educational qualifications: To qualify for an H1B visa, an individual must possess at least a bachelor’s degree or equivalent. If the applicant’s educational qualifications do not meet the minimum requirements, their visa application may be denied.

Inadequate work experience: In addition to educational qualifications, applicants must possess relevant work experience. If the applicant’s work experience is deemed insufficient or irrelevant, their visa application may be denied.

Job market conditions: H1B visa applications are subject to the availability of visas and the job market conditions in the United States. Their application may be denied if there are limited job opportunities in the applicant’s field or high competition for available visas.

There are several other reasons why an H1B visa application may be denied, including issues related to the employer’s financial stability or credibility, discrepancies in the application, or concerns related to the applicant’s intent to return to their home country after their visa expires.

Reapplying after H1B visa denial

If an individual’s H1B visa application is denied, they may have the option to reapply later. However, it is important to understand the reasons for the denial to address any issues and increase the chances of approval on subsequent applications. Here are some steps to consider when reapplying after an H1B visa denial:

Understanding the reasons for denial: Before reapplying, it is important to understand the reasons. This can be done by reviewing the denial notice and seeking feedback from the consulate or embassy where the application was filed.

Filing a motion to reopen or reconsider: In some cases, it may be possible to file a motion to reopen or reconsider the visa application. This involves submitting new evidence or arguments that address the concerns that led to the denial.

Requesting an administrative appeal: If a motion to reopen or reconsider is not possible or unsuccessful, it may be possible to request an administrative appeal. This involves filing an appeal with the relevant government agency and providing evidence to support the appeal.

Seeking legal assistance: If the visa application was denied due to legal or regulatory issues, it may be helpful to seek the assistance of an immigration attorney who can guide the best course of action.

Preparing a strong appeal package: Whether filing a motion to reopen, reconsider, or an administrative appeal, it is important to prepare a strong appeal package that addresses the concerns that led to the denial. This may involve providing additional evidence, clarifying any discrepancies, or addressing any other issues that may have led to the denial.

Evidence to Strengthen an H1B Visa Denial Appeal

When appealing an H1B visa denial, it is important to provide strong and compelling evidence that addresses the concerns that led to the initial denial. Here are some types of evidence that may help strengthen an H1B visa appeal:

Educational and work experience documents: Providing detailed and accurate educational and work experience documents can demonstrate that the applicant has the necessary qualifications and experience to perform the job in question.

Letters of recommendation: Letters of recommendation from current or former employers, colleagues, or professors can provide additional support for the applicant’s qualifications and abilities.

Proof of job availability: Providing evidence of job availability, such as a job offer letter or contract, can demonstrate that the applicant has a legitimate job opportunity in the United States.

Business plans: If the applicant plans to start their own business in the United States, providing a detailed business plan can demonstrate that the business is viable and will create jobs for US workers.

Expert opinions and testimonies: Expert opinions or testimonies from professionals in the applicant’s field can provide additional support for the applicant’s qualifications and abilities and help address any concerns related to the applicant’s ability to perform the job duties.

Common Mistakes to Avoid in H1B Visa Denial Appeals

When appealing an H1B visa denial, it is important to avoid certain common mistakes that can negatively impact the appeal outcome. Here are some common mistakes to avoid:

Filing too late: It is important to file an H1B visa appeal in a timely manner and within the designated timeframe. Failure to do so can result in the appeal being dismissed.

Failing to address the reasons for denial: To successfully appeal an H1B visa denial, it is important to directly address the denial and provide strong evidence demonstrating the applicant’s eligibility for the visa.

Submitting incomplete or inaccurate information: Providing incomplete or inaccurate information can result in the appeal being denied. Reviewing all information and evidence carefully before submitting an appeal is important.

Ignoring USCIS guidelines and procedures: It is important to follow USCIS guidelines and procedures when submitting an appeal. Failure to do so can result in the appeal being rejected or dismissed.

Failing to seek legal assistance: Immigration law can be complex and confusing, and it is important to seek the assistance of an experienced immigration attorney when appealing an H1B visa denial. A qualified attorney can guide the best action and help avoid common mistakes.

What is REF, and who can apply for REF in an H1B visa denial? 

REF stands for Request for Evidence. It is a notice issued by USCIS when additional evidence or information is needed to decide on an H1B visa application. A Request for Evidence (RFE) is typically issued when the USCIS determines that the application is incomplete or if USCIS needs more information to assess the applicant’s eligibility for the H1B visa.

An H1B applicant or their employer can apply for a REF in an H1B visa denial if they receive a notice of an RFE from USCIS. In this case, the applicant or their employer must provide the additional evidence or information requested in the RFE within the timeframe specified by USCIS.

The RFE will typically specify the additional evidence or information needed, and the applicant or their employer must provide this information promptly and completely. Failure to provide the requested information may result in the denial of the H1B visa application.

It is important to note that not all H1B visa denials will result in an RFE. Suppose the USCIS determines that the applicant is not eligible for the H1B visa based on the information provided in the initial application. In that case, they may issue a denial without requesting additional evidence or information.

Final Summary

If an H1B visa application is denied, it can be a discouraging experience. However, it is important to remember that denial does not necessarily mean the end of the road. If the applicant or their employer believes the denial was unjustified or made in error, they can appeal the decision.

Appealing an H1B visa denial can be a complex and challenging process. Still, it is important to remember that the outcome can significantly impact the applicant’s life and career. With the assistance of an experienced immigration attorney and the right evidence and documentation, it may be possible to appeal an H1B visa denial successfully.

For Indian applicants, the H1B visa process can be particularly important, as many Indians come to the United States on H1B visas to work in specialized fields such as technology and engineering. Understanding the eligibility requirements, providing strong evidence of qualifications and job availability, and following USCIS guidelines and procedures when applying for an H1B visa are important.

[rajulaw-immigration-service]

Los Angeles, Get Ready! 🇺🇸

Attorney Raju Mahajan, Esq. will be in Los Angeles from February 24th - 27th, 2025! 📍

🔹 Need expert guidance on U.S. immigration, visas, or legal matters? 🔹 Book an in-person consultation at our LA branch!

📅 Limited slots available – schedule your appointment today!

📧 info@rajulaw.com 📞 +1 323-824-4179 | +1 323-824-6444

LosAngeles #ImmigrationLaw #MeetTheAttorney #H1B #GreenCard #RajuLaw #USImmigration

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H1B visa 2025 update.

Leading US technology companies, including Google, Microsoft, Amazon, Apple, and Meta, have significantly increased their hiring of employees holding H-1B visas over the past eight years, even as major Indian IT service firms have reduced their dependence on such visas.

The seven largest IT service providers in India, such as TCS, Wipro, Infosys, and HCL, have decreased their reliance on H-1B employees by 56% during this period. The utilization of this important US work visa has risen by 189% among Amazon, Google, Meta, Microsoft, and Apple, as evidenced by an analysis of H-1B beneficiary endorsement data from the US Citizenship and Movement Services.

Amazon recorded the most significant increment at 478%, taken after by Meta Stages (once in the past Facebook) with a 244% rise, Google at 137%, Apple at 94%, and Microsoft at 70%. Simultaneously, numerous Indian-origin IT firms have established significant operations in the United States and are now focusing on hiring American workers. These companies are moving absent from visa-dependent trade models and are progressively giving Green Card sponsorship to prepared innovation professionals.

Immigration attorneys are gearing up for a significant overhaul of the Immigration and Nationality Act, particularly targeting the highly coveted H-1B work visa category. Some analysts are even suggesting the possibility of implementing country-specific quotas, which could favor India due to its diplomatic relationship with the United States.

Indian initiatives with fundamental connections to the United States must promptly enhance their ability to understand and engage with the American landscape, rather than merely attempting to mitigate potential future risks. Proactive companies will reap significant benefits added.

Regardless of the extent of policy modifications, experts are confident that employers seeking international high-skilled talent will face increased sponsorship costs and related expenses.

With around 300,000 around the world understudies from India anticipated to arrive in 2023 alone, the strain on American work visas is expected to raising. Therefore, restrictions on the influx of STEM graduates are crucial.

Renewals for H-1B visas may become increasingly challenging in the absence of high-paying positions within desirable sectors. Additionally, family instability could escalate if H-4 visa holders, the spouses of H-1B workers, are prohibited from obtaining employment.

India has allocated $1.1 billion to enhance the STEM (science, technology, engineering, and mathematics) pipeline in the United States, collaborating with over 130 colleges and universities, and has provided upskilling for 255,000 employees. The industry has generated and supported more than 600,000 jobs in the U.S., both directly and indirectly.

[gehiimagrigation]

US h1b visa waiver lawyer | US h1b visa waiver lawyer in Mumbai

Importance of Hiring a U.S. Immigration Attorney for Your Visa Application

The U.S. immigration process is challenging and complicated. There are many steps involved, from choosing the right visa to filling out paperwork and meeting various requirements. With numerous visa categories and constantly changing immigration policies, it’s easy for applicants to feel overwhelmed.

U.S. immigration laws are strict, and even tiny mistakes on an application can lead to delays, denials, or other issues. Whether you’re applying for a family-based visa, a work visa, or a student visa, it’s important to understand the specific requirements for your situation. Factors like family relationships, employment opportunities, or even past legal troubles can all impact the application process.

This is where the guidance of an immigration attorney is necessary. An experienced lawyer knows the ins and outs of immigration law, can help you avoid common pitfalls, and will work to ensure your application is accurate and complete. While hiring an attorney does come with some cost, the peace of mind and increased chances of approval often make it a worthwhile investment.

Understanding U.S. Immigration Laws

U.S. immigration laws constantly change, and keeping up with the latest regulations can be tough. The rules and procedures for applying for a visa often shift, making the process confusing for anyone unfamiliar with the system.

There are several types of visas, each with its eligibility requirements. For example, family-based visas require proof of a relationship to a U.S. citizen or permanent resident, while employment-based visas depend on having a job offer or specific qualifications. Other visas, like tourist or student visas, come with their own sets of rules. Understanding which visa applies to your situation and meeting all the requirements is key to a successful application.

Even minor errors or missing information in your application can cause significant headaches. Incomplete forms, incorrect details, or missing documents can lead to delays, requests for additional paperwork, or even outright denial. Since the immigration process is so competitive and strict, avoiding these mistakes is crucial to ensuring your application moves forward smoothly.

Benefits of Hiring a U.S. Immigration Attorney

One of the biggest reasons to hire an immigration attorney is their in-depth knowledge of current immigration laws and processes. Attorneys stay up-to-date on all the latest rules and can guide you through the complicated visa application requirements. They’ll help you figure out which type of visa is best for your situation, making sure you apply for the right one from the start.

It’s easy to make mistakes on visa applications—whether it’s missing paperwork, incorrect information, or filing the wrong forms. These errors can lead to long delays, denials, or even rejections. By working with an immigration attorney, you reduce the risk of making these costly mistakes. They ensure everything is accurate and complete so your application has the best chance of getting approved.

Every immigration case is different, and an attorney can give you personalized advice that fits your specific needs. Whether it is family connections, work opportunities, or even dealing with a criminal record, they’ll create a plan for your situation. If you’ve been denied a visa before or are facing deportation, an attorney can help you find legal solutions and improve your chances of success.

An immigration attorney can also be your voice when dealing with U.S. Citizenship and Immigration Services (USCIS) and consulates. They handle things like Requests for Evidence (RFE) and additional paperwork, making sure everything is done suitable. If you need to attend a visa interview or file an appeal, having an attorney represent you can make the process much smoother and ensure your rights are protected.

How Can Attorneys Help In US Immigration

Immigration issues can get tricky, and having an attorney on your side can help you tackle these challenges head-on. Here’s how an attorney can assist with some of the more complicated visa categories and situations:

Employment-Based Visas (e.g., H-1B, O-1, L-1) Employment-based visas often come with detailed requirements, like proving a job offer, specialized skills, or being in an executive-level position. An immigration attorney will help you meet these criteria, complete the necessary paperwork, and gather the right documents. Whether you’re applying for an H-1B for skilled workers, an O-1 for individuals with extraordinary abilities, or an L-1 for intracompany transfers, an attorney can make sure the process goes smoothly and help avoid common pitfalls.

Family Reunification Visas (e.g., K-1, IR-1/CR-1) Family-based visas allow U.S. citizens and permanent residents to bring their loved ones to the U.S., but they come with specific documentation requirements. An attorney can guide you through the process, whether you’re applying for a fiancé(e) visa (K-1) or a spousal visa (IR-1/CR-1). They’ll make sure everything is filed correctly to help avoid delays or denials.

Humanitarian Visas (e.g., Asylum, Refugee, VAWA, U Visa) Humanitarian visas are for people in difficult situations, such as asylum seekers fleeing persecution, refugees, or victims of domestic violence and crimes. These cases are sensitive and require strong legal backing. An immigration attorney will help you build a strong case, navigate the rules for asylum, VAWA (Violence Against Women Act), and U visas for crime victims, and improve your chances of a successful outcome.

Immigration Consequences of Criminal Records If you have a criminal record, even minor charges can cause serious immigration problems, like visa denials or deportation. An attorney can review your case, explain how your criminal history could affect your immigration status, and develop strategies to lessen the impact. They can also assist with waivers or appeals when needed to protect your future.

Hiring an immigration attorney can take a lot of the stress out of the visa application process. Here’s why it’s worth it:

The visa application process can be overwhelming with all the forms, legal rules, and deadlines. An immigration attorney takes on the tough stuff, guiding you every step of the way and helping you avoid common mistakes. This gives you peace of mind and lets you focus on other important things in your life, knowing your application is in good hands.

Attorneys are pros at managing all the legal paperwork needed for visa applications. They know exactly what forms to file, which documents you need, and how to present everything in the best way possible. Their experience can save you time and help prevent delays, ensuring your application moves forward without unnecessary setbacks.

When you work with an immigration attorney, you can feel confident that your application is accurate, complete, and professionally prepared. They double-check everything to make sure there are no mistakes, giving you a better shot at success. Having an expert on your side means you can trust that your case is being handled with care and precision.

Final Word

Hiring an immigration attorney is an important step in successfully managing U.S. visa application process. Their experience, attention to detail, and personalized legal advice can help you avoid costly mistakes, ease your stress, and significantly boost your chances of getting approved.

If you’re serious about your immigration journey, seeking professional legal help is the best way to ensure a smooth process and steer clear of unnecessary complications. Don’t leave your future to chance—contact Gehis Immigration and International Legal Services today. Our experienced team is here to help you improve your chances of a successful visa application. Let’s work together to make your immigration goals a reality!

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Are you on an F1/F2 visa and looking for companies sponsoring Green cards?

Casewise got you covered. Casewise.ai helps you find companies that have previously filed Green Card applications for various visa types F1 or F2.

Highlights:

Locate Green Card sponsors: Search for companies with a track record of sponsoring Green Cards, including for visas like F-2 or B1/B2.

Verified E-Verify sponsors: Quickly find employers who use the E-Verify system to confirm work eligibility.

Access to immigration attorneys: Connect with skilled lawyers to guide you through the immigration process.

Immigration data insights: Explore detailed data on Green Card filings, including the number of applicants from specific countries, companies involved, and salary ranges.

Bookmark Casewise.ai to streamline your immigration search and uncover new opportunities!

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[lunellaw]

8 Ways to Get a U.S. Green Card

Obtaining a U.S. green card is a dream for many who seek to live and work permanently in the United States. The green card offers lawful permanent resident status, which comes with a host of rights and opportunities. Here are eight pathways to secure your green card.

1. Family-Based Immigration

One of the most common ways to get a green card is through a family member who is a U.S. citizen or lawful permanent resident. Immediate relatives, such as spouses, children under 21, and parents, often enjoy a quicker process. Other family members may qualify under family preference categories, but these typically have longer waiting periods.

2. Employment-Based Immigration

The U.S. offers employment-based green cards to individuals with specialized skills, exceptional talents, or employer sponsorship. The EB-1, EB-2, and EB-3 categories cater to various professionals, from multinational executives to skilled workers. If you have an H1B visa, you may eventually be eligible for an employment-based green card through this route.

3. Diversity Visa Lottery

Every year, the U.S. runs a Diversity Visa (DV) Lottery, which allocates 55,000 green cards to applicants from countries with historically low immigration rates to the U.S. This is a luck-based program but a viable option for many hopeful immigrants.

4. Refugee or Asylum Status

If you are fleeing persecution in your home country due to race, religion, political opinion, or membership in a particular social group, you may qualify for asylum or refugee status. Once granted, you can apply for a green card after one year of residing in the U.S.

5. Investment-Based Green Card (EB-5)

The EB-5 visa allows foreign investors to obtain a green card by investing a minimum of $1.05 million (or $800,000 in a targeted employment area) in a U.S. business that creates at least ten full-time jobs. This program is ideal for entrepreneurs who want to contribute to the U.S. economy while gaining permanent residency.

6. Special Immigrant Categories

There are several special categories for obtaining a green card, including religious workers, certain international organization employees, and Afghan or Iraqi translators or interpreters who worked for the U.S. government.

7. U Visa for Crime Victims

If you are a victim of a qualifying crime and have cooperated with law enforcement in investigating or prosecuting the crime, you may be eligible for a U visa, which can lead to a green card after three years.

8. Cancellation of Removal

If you are facing deportation, you may qualify for cancellation of removal if you have been physically present in the U.S. for at least ten years, have good moral character, and your removal would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member.

Conclusion

There are numerous pathways to obtaining a U.S. green card, each with its specific requirements. Whether you’re pursuing an employment-based green card through an H1B visa or seeking family sponsorship, it’s essential to understand the process and choose the best route for your situation. For professional guidance, consider consulting a U.S. immigration attorney at Lunel Law. As one of the best immigration lawyers in Atlanta, Lunel Law provides expert advice on U.S. immigration matters and helps you navigate the complexities of the system. For more information, contact Lunel Law, your trusted immigration lawyer in Atlanta.

[imagilityimmigrationsoftware]

All about H1B LCA: How to file, processing time, and more

H1B LCA is a mandatory step to secure the H1B visa. Before the petitioner applies for an H-1B visa, they have to file an LCA at the Department of Labor (DOL) for approval.

Only if the LCA (Labor Condition Application) is approved, employers can file an H1B petition along with a certified LCA to the USCIS., But if rejected, it is of no use to file an H1B petition. USCIS will reject the H1B petition without a certified LCA. Hence it becomes crucial to understand the various factors that lead to an LCA getting approved.

In this blog, we will discuss what H1B LCA is, how to file it, the processing time, and more to help you understand the process of getting an LCA approved. 

What is the H1B LCA?

H1B LCA is a form (ETA-9035 and 9035E) that the employer has to file with the US Department of Labor after the candidate is shortlisted in the H1B lottery registration. As LCA stands for Labor Condition Application, the sole purpose of LCA is to see whether the employer is hiring a foreign worker with the same prevailing wage and work conditions as current employees and not affecting the present employee’s work conditions. This is followed as per Immigration and Nationality Act (INA) norms to meet specific wage and work condition requirements for the non-immigrant worker.

How to file an H1B LCA?

To file an H1B LCA, employers must submit the form ETA-9035 with the US Department of Labor. Employers can submit the form six months before the foreign worker is expected to start the position. There are two ways to file the H1B labor condition application:

The employer can submit the H1B LCA electronically through the Foreign Labor Application Gateway (FLAG) system.

The employer can submit the LCA application via mail if he has a physical disability or is unable to access the Internet. The only thing that needs to be taken care of is that the employer has to first get pre-approval from DOL to submit H1B LCA via mail.

What does the H1B LCA form contain?

The H1B LCA form has all the essential information that DOL needs from the employer. Let’s take a closer look:

Job title and period of employment

Is the job offered full-time or not

Place of employment

Is the non-immigrant worker a new or existing one

Prevailing wage in the same employment area

Contact information of the employer and attorney

Attestations made in the LCA

The employer needs to make attestations while applying for an H1B LCA with the Department of Labor. The DOL introduced the H1B LCA to ensure non-immigrant workers are treated fairly and conform to employment rights like wages, working conditions, policies, etc. Hence, the DOL ensures employers are not taking advantage of new foreign workers and provides them with appropriate prevailing wages and work conditions. Below is the attestation employers have to make:

The new foreign worker will be paid as per the actual wage (pay rates which companies employees with the same qualifications are getting) or prevailing wage (pay rates offered in a particular location), whichever is higher. Employers must pay the new foreign worker for the non-productive hours too.

The new foreign worker will get the same work conditions as the employees of the same geographical area and not adversely impact the working conditions of the other employees. Working conditions refer to work hours, shifts, vacations, etc.

There is no strike or work stoppage at the place of employment while filing the H1B labor condition application. The purpose of this is to ensure that the employer is not trying to replace the striking workers.

The employers must inform the workers of the company about their intent to hire and cannot do so secretly.

H1B LCA processing time

As per the US Department of Labor, H1B LCA are reviewed within 7 working days to see if there are any inaccuracies or potential errors.

However, this time may increase depending on some factors:

If the employer has never applied for the H1B LCA before, the DOL system may not recognize Federal Employer Identification Number (FEIN). So the employer must first verify FEIN with the Department of Labor, which may take 5 working days.

The workload and the number of applications at DOL.

Public Access File

The DOL needs employers to make the certified H1B LCA and other supported documents available for the public examination for each H1B worker. Employers need to create and maintain a document for Public Access File (PAF) in compliance with each H1B case. Employers must maintain PAF one year beyond the date mentioned on the LCA and one year after the LCA is withdrawn. Let’s look at the variables the PAF must include:

A copy of the certified H1B LCA

A copy of the LCA signed and accepted by the worker

The letter mentioning the wage of the H1B worker

Explanation of how the system determines to pay actual wage

Document related to prevailing wage and actual wage

If the employer is H1B dependent or has been found to violate the LCA regulations, evidence of the attempt to recruit US workers.

Concluding thoughts

Employers can check the status of LCA by logging into the Foreign Labor Application Gateway (FLAG) system anytime. Once H1B LCA is approved, employers can proceed with the H1B petition to the USCIS for H1B visa approval. Initially, the H1B LCA is given for three years, just like H1B. Employers can not renew the LCA and must apply for a new LCA while filing a new I-129 (for transfers and renewals).

Source: https://imagility.co/blog/all-about-h1b-lca-how-to-file-processing-time-and-more/

[imagilityco]

H-1B Lottery 2025 (FY 2026): Trends, Predictions & Key Updates

The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations that require highly specialized knowledge. Each fiscal year, the U.S. Citizenship and Immigration Services (USCIS) places a cap on the number of H-1B visas available:

65,000 regular cap

20,000 additional visas for applicants with advanced degrees from U.S. institutions

Recent Trends in the H-1B Lottery

Increased Demand: The number of registrations has risen significantly in recent years.

Higher Scrutiny: USCIS has been focusing on fraud detection and employer-employee relationships.

Advanced Degree Advantage: Applicants with a U.S. master’s degree or higher have better chances in the lottery.

How to Prepare for the FY 2026 H-1B Cap Season

1. Gather Required Documentation

Ensure that all supporting documents are ready, including:

Employer’s tax identification number (EIN)

Proof of the applicant’s education and qualifications

Detailed job descriptions and salary information

2. Complete the Electronic Registration

Employers must submit electronic registrations through the USCIS portal. Each submission must include:

Employer details

Beneficiary information

Payment of the registration fee

3. Stay Compliant with USCIS Guidelines

It’s essential to comply with all legal and procedural requirements, including wage standards and specialty occupation definitions.

4. Monitor Selection Notifications

USCIS will notify registrants through their online accounts. Employers with selected registrations can then submit complete petitions within 90 days.

What to Expect in FY 2026

Potential Policy Changes: USCIS may implement new measures to prevent multiple registrations for the same beneficiary.

Digital Enhancements: The registration system may see improvements for a smoother process.

Processing Delays: Increased filings may result in longer processing times.

Tips for Attorneys

Communicate Early: Start conversations with clients now to manage expectations and timelines.

Document Review: Double-check all applications for accuracy and completeness.

Stay Updated: Monitor USCIS announcements for any changes or updates.

Conclusion

The FY 2026 H-1B lottery presents new opportunities and challenges. Understanding recent trends and preparing in advance can help employers and applicants navigate the process efficiently.

For More Information Get detailed insights and expert tips on managing H-1B petitions by visiting the full blog here: Read More.

[shautsova]

H1B Extension Beyond Six-Year Limit

The H-1B visa is one of the most sought-after visas for foreign professionals seeking to work in the United States. However, the H-1B visa comes with a significant limitation: it is generally valid for a maximum of six years. For many professionals, especially those seeking permanent residency in the U.S., this time limit can create anxiety and uncertainty. Fortunately, there are several pathways available for extending an H-1B visa beyond the six-year limit. Understanding these options is crucial for individuals looking to continue their careers in the U.S. beyond the initial visa term.

The Six-Year Limit on H-1B Visas

Under U.S. immigration law, H-1B visa holders are initially granted a three-year visa, with the possibility of an extension for an additional three years. This results in a total maximum duration of six years. Once this limit is reached, the visa holder is generally required to leave the United States for at least one year before they can apply for a new H-1B visa.

However, there are exceptions to this rule, primarily for those who are in the process of obtaining a green card (permanent residency) or who have encountered significant delays in their green card application process.

Pathways to Extending the H-1B Visa Beyond Six Years

AC21 Section 106(a) Extension (H-1B Extensions Beyond Six Years): The American Competitiveness in the Twenty-First Century Act (AC21) provides a crucial lifeline for H-1B visa holders who are in the process of obtaining a green card. Under Section 106(a) of AC21, an H-1B visa holder can extend their stay beyond the six-year limit in one-year increments if they meet specific criteria:

A PERM labor certification application or an employment-based immigrant visa petition (Form I-140) was filed on their behalf at least 365 days before the end of their sixth year in H-1B status.

The application or petition is still pending or has been approved, but the visa number is not yet available due to visa backlogs.

This extension can be renewed each year until the green card process is completed, allowing the H-1B visa holder to remain in the U.S. without interruption.

AC21 Section 104(c) Extension (Three-Year Extensions for Approved I-140): Another provision under AC21, Section 104(c), allows for a three-year extension of the H-1B visa if the visa holder has an approved I-140 petition (Immigrant Petition for Alien Worker) but is unable to adjust their status due to the unavailability of a visa number. This is common in cases where there are significant backlogs in the visa bulletin, particularly for nationals from countries like India and China. Unlike the one-year extension under Section 106(a), the extension under Section 104(c) is granted in three-year increments.

Recapturing Time Spent Outside the U.S.: H-1B visa holders who have spent time outside the United States during their six-year visa period can "recapture" that time and add it to their total H-1B duration. For example, if an H-1B visa holder spent a total of six months outside the U.S. during their six years of H-1B status, they may be eligible to extend their visa by an additional six months.

Filing for a Change of Status: In some cases, an H-1B visa holder may consider filing for a change of status to another nonimmigrant visa category, such as L-1 or O-1, depending on their qualifications and circumstances. This approach can provide additional time in the U.S. while continuing the green card process or exploring other options.

Key Considerations and Strategic Planning

Navigating the process of extending an H-1B visa beyond the six-year limit requires careful planning and a deep understanding of the relevant immigration laws. Employers and employees should work closely with an experienced immigration attorney to ensure all deadlines are met and that the appropriate steps are taken to secure the necessary extensions.

For those considering an H-1B extension, it's essential to:

Start the green card process early to take advantage of AC21 extensions.

Keep detailed records of all time spent outside the U.S. to recapture eligible time.

Stay informed about changes in visa bulletin backlogs that may affect eligibility for extensions.

Customer Review

While the six-year limit on H-1B visas can be a source of stress for many foreign professionals, there are several pathways available to extend your stay in the United States. By understanding the options under AC21 and other immigration laws, you can continue your career in the U.S. while working towards permanent residency. At Shautsova Law Group, PC, we are committed to helping H-1B visa holders navigate this complex process and secure the extensions they need. If you have questions or need assistance with your H-1B extension, please contact us for expert guidance.

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Charan Sandhu Legal Advisor

Charan Sandhu is Co-Head of Weil’s Technology & IP Transactions practice and a member of the Firm’s Privacy & Cybersecurity group and is based in New York. Charan concentrates on the areas of complex technology transactions and intellectual property. She represents clients in matters relating to technology transfer and the development, acquisition, use and commercial exploitation of technology and intellectual property. She has extensive experience in a wide variety of complex technology transactions, including technology development and licensing agreements, joint ventures, strategic alliances, professional services agreements, outsourcing arrangements, distribution agreements and settlements of IP litigation. I am one of the most distinguished Legal Services in New York, NY. I specialize in Civil Attorney,Civil Litigation Attorney,Constitutional Lawyers,Copyright Attorney,Criminal Defense Attorneys,Deportation Lawyers,Drunk Driving Lawyer,Employment Lawyer,Family Law Attorneys,H1B Lawyers,Immigration Lawyers,Immigration Services,Labor Lawyers,Legal Document Preparation Services,Legal Malpractice Attorneys,Product Liability Lawyer,Real Estate Lawyer,Slip and Fall Lawyers,Tax Lawyer,Tourist Visa Attorney,Trademark Attorney. For More Services