#h-1b visa quota full

[amitkakkareasyvisa]

(Amit Kakkar Easy Visa Tips)

[injureguard]

US Immigration Lawyer: Navigating the Complexities of Immigration Law

Immigration to the United States offers opportunities for a better life, education, employment, and family reunification. However, the U.S. immigration system is complex, with a labyrinth of laws, regulations, and procedures that can be overwhelming for individuals and families. Whether you are seeking a work visa, permanent residency (green card), or citizenship, having a skilled U.S. immigration lawyer by your side is crucial to ensure your application is processed smoothly and successfully. At G.A. Immigration Lawyers, we specialize in helping clients navigate the intricate U.S. immigration system, ensuring that their rights are protected throughout the process.

Why You Need a U.S. Immigration Lawyer

Immigration law in the U.S. is known for its complexity and frequent changes. New policies and executive orders can significantly impact immigration processes and timelines, making it difficult to keep up without expert guidance. Whether you are applying for a family-based visa, employment-based visa, or asylum, an experienced immigration attorney can provide you with the necessary legal advice, ensure that your paperwork is correctly completed, and represent you in court if needed.

A U.S. immigration lawyer is essential for many reasons:

Legal Expertise: Immigration laws and regulations are highly specific, and a lawyer with experience in immigration law will have a thorough understanding of how to navigate these complexities.

Avoiding Mistakes: Even a small mistake in your application can result in a delay, denial, or deportation. A lawyer ensures that all documents are properly prepared and submitted.

Case Management: Immigration cases often require a significant amount of paperwork, including affidavits, petitions, and evidence of qualifications. An immigration attorney will manage your case from start to finish, making sure everything is in order.

Representation in Court: If your case goes to immigration court, having an attorney to represent you can significantly improve your chances of a favorable outcome.

Types of Immigration Services

At G.A. Immigration Lawyers, we offer a full range of immigration services to individuals, families, and businesses. Whether you are seeking a visa, permanent residency, or help with deportation defense, our attorneys have the experience to handle even the most complex cases. Some of the key services we provide include:

Family-Based Immigration: If you are a U.S. citizen or lawful permanent resident, you may be eligible to sponsor family members for visas or green cards. Family-based immigration allows spouses, children, parents, and siblings to reunite with their loved ones in the United States. However, the application process can be challenging due to the various visa categories and quotas. An immigration lawyer can help you navigate these complexities and ensure your application is complete and accurate.

Employment-Based Visas: For individuals seeking to work in the U.S., there are several types of employment-based visas available, including the H-1B visa for skilled workers, the L-1 visa for intra-company transfers, and the EB-5 visa for investors. Each visa category has its own requirements and application process. A U.S. immigration attorney can help employers and employees alike by ensuring that visa applications are handled properly and within the required timelines.

Green Cards: Obtaining a green card (permanent residency) is a major goal for many immigrants. Green card holders are allowed to live and work permanently in the U.S. and may eventually apply for U.S. citizenship. Green cards can be obtained through family, employment, or humanitarian grounds. However, the process can be time-consuming, and any errors could result in delays. An experienced immigration lawyer will ensure that your green card application meets all requirements and deadlines.

Citizenship and Naturalization: Becoming a U.S. citizen is a life-changing milestone, but the path to citizenship is not always straightforward. The naturalization process requires that applicants meet specific residency, language, and knowledge requirements. In some cases, applicants may face challenges due to their immigration history. An immigration lawyer can help you overcome these challenges and prepare you for the citizenship test and interview.

Asylum and Refugee Status: For individuals fleeing persecution in their home countries, applying for asylum or refugee status may offer protection and the right to remain in the U.S. These cases are particularly sensitive and require compelling evidence of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. An immigration lawyer specializing in asylum cases can guide you through the process and present a strong case on your behalf.

Deportation Defense: Facing removal proceedings can be one of the most stressful situations for an immigrant. Whether you are facing deportation due to a visa overstay, criminal charges, or other issues, an experienced deportation defense lawyer can represent you in court, explore all possible defenses, and work to prevent your removal from the U.S.

The Importance of an Experienced Immigration Lawyer

Hiring an experienced U.S. immigration lawyer can make all the difference in the success of your case. U.S. immigration law is not only complex but also subject to frequent changes due to political shifts and government policies. A lawyer who stays up-to-date with these changes will be able to provide you with the most current advice and strategies.

Moreover, immigration applications often require gathering extensive documentation, including financial records, proof of family relationships, and employment verification. A lawyer will help ensure that all required documentation is submitted correctly and that your case is as strong as possible.

When choosing an immigration lawyer, it’s important to select someone with a proven track record of success. G.A. Immigration Lawyers have years of experience in immigration law and a reputation for achieving positive outcomes for our clients. We understand that each immigration case is unique, and we provide personalized attention to each client to ensure the best possible results.

How to Choose the Right U.S. Immigration Lawyer

Choosing the right immigration attorney is critical to the success of your case. Here are some factors to consider:

Experience and Expertise: Look for a lawyer who specializes in immigration law and has experience handling cases similar to yours.

Communication: You want a lawyer who is responsive, communicates clearly, and keeps you informed throughout the process.

Reputation: Research the lawyer's reputation by reading reviews, testimonials, and case results.

Consultation: Many immigration lawyers offer free consultations. This is a good opportunity to ask questions and assess whether the lawyer is a good fit for your case.

Conclusion

Navigating U.S. immigration law is a complex and often daunting process. Whether you’re seeking a visa, green card, citizenship, or deportation defense, having an experienced U.S. immigration lawyer on your side can greatly improve your chances of success. At G.A. Immigration Lawyers, we are committed to helping individuals and families achieve their immigration goals while protecting their rights throughout the process. If you need assistance with any immigration matter, contact us today to schedule a consultation and take the first step toward securing your future in the United States.

[workpermitz]

Which Work Visa Do I Need ?

The US government allocatesUS Visa types to foreign candidates to form employment opportunities in the United States. Every Visa has some requirements and comes with a distinctive application process. These visas serve different purposes, so you must be careful during the US visa process. 

Read this blog to learn about work visas, their requirements, the application process, and visa types. But first, let's understand what's work visa is. 

What Are Work Visas?

Work visas are granted to foreign candidates to allow them to work temporarily in the US. Therefore, their stay in the United States is limited.

The temporary employment visit consists of short-term business trips, temporary work, and trading. US employers of the company provide these visas to their prospective employees. 

On the other hand, if any foreigner wishes to settle down in the United States permanently, they apply for an immigrant visa, also known as Green Card or lottery. 

There is no single work visa for international candidates as it varies according to the purpose. 

However, several tickets are available according to the background of the foreigner. Therefore, an employment visa USA is mandatory for all non-immigrants seeking temporary work.

However, to grant work visas to international candidates, US employers must remember these significant principles:

Employees cannot get Visa without an employment offer: The first step for the US visa application process for a work visa is the employment offer from the employer. Without this letter, you are ineligible to apply for a work visa. Therefore, if you wish to work in a reputable US company, apply for the job and seek a job offer. Your employer will represent you and file a petition to grant you a work permit. 

It is illegal to be employed in the US if you don't have a work visa: a US work visa is a mandatory requirement from the day you step foot in American land. Additionally, you must leave the US a day before your Visa expires. It doesn’t matter how long your business trip is; a work visa is a must. 

Note: International employees already working in the US can apply to extend the date of their US work visa.

These were some crucial principles for foreigners working in the US. Now, let’s understand the work visa types..

Popular Work Visa Types

E-Visa/E-Registration: This visa category allows the holder to take full employment opportunities in the United States. So, it doesn’t matter whether you have arrived in the US for a business trip or a short-term assignment; an e-visa is relevant for all purposes. To employ this Visa, the companies must participate in e-registration at the US consulate. 

E-1 Visa: Also known as Treaty Trader Visa, E-1 Visa applies to wholesale and small companies who wish to trade in the US on behalf of their customers. Mostly, the companies are qualified for this visa type.

E-2 Visa: E-2 Visa is a Treaty Investor Visa, allocated for entrepreneurs that have invested a hefty amount of money in the US economy. The investors then invest in the new company and the company’s branch or purchase the company in the US. 

C-1/D Visa: The Combined Transit and Crewman Visa is generally issued to pilots and flight attendants. Additionally, the crew members of the ship and service personnel also access this Visa. 

H-1B Visa: The most commonly issued Visa for temporary non-immigrant workers is theH-1B visa. The Visa is allowed to well-qualified workers, i.e., specialty occupation workers. To qualify for this Visa, you must produce the relevant academic degree. Also, as it is based on an annual quota system, the H-1B visa becomes unavailable quickly.

I-Visa: I Visa or I-journalist Visa is introduced for candidates with a media background. Therefore, I-visa is granted to the people in the press, broadcasting, and media. It is mandatory to mention the purpose of stay and report events of the US in a document. 

L-1 Visa: The L-1 visa is only for managers, specialists, and executives. Therefore, the L-1 Visa is popularly employed for internal workers' transfers to the US. 

L-1 Blanket Registration/Visa: The L-Blanket registration is deployed to the companies registered as ‘Blanket’ by the US to worldwide employees. Its procedure is straightforward. 

O-1 Visa: O-1 Visa is designed for people with extraordinary skills and abilities in art, engineering, science, sports, and media. However, candidates will be thoroughly verified before giving an O-1 visa.

TN Visa: Only Mexican and Canadian citizens are eligible for TN visas. 

B-1 Visa: B-1 is a temporary business visa with three months of validity. B-1 Visa is issued to business people traveling to the US for short-term business trips.

What Are The Requirements For A Work Visa?

All the candidates must address each requirement for a US work visa. These requirements apply to employees and employers. So, let’s understand the employers’ needs:

Grab the Legal Form of the company

Determine the aspects of the US site

Specify the company size

Company’s constellation and ownership

Company’s strategy

Employee’s Requirement:

State the nationality

Attach the educational qualifications

Mention the purpose and duration of stay

State the length of service

Other work qualifications (if you have any)

Marital status

These were some of the employee’s and employers’ essential requirements to attain a work visa in the US. However, there might be some variations depending on the US visa type. Now, we’ll understand the application process for Visa.

The Application Process for A Work Visa

Your employer files the petition to the USCIS for your work visa and fills out the I-129 Form at the US consulate. If the petition succeeds, employees and employers get the approval notice called I-797 from USCIS. Furthermore, the consulate starts your work visa’s consular processing. 

Well, now we know all the US visa processes both future employees and employers should address. So, let’s get into the topic and understand what Visa you need.

Seek Professional Help

This was the overview of all the active work visas granted to international candidates regularly to enter the US legally. Get more information about the Visa that suits you. Once the visa application proceeds, you will be appointed for a US visa interview at US consulates.

Moreover, it is always good to take some professional advice and guidance to rock the interview round and get the opportunity to work in the US.

[tnvisalawinlosangeles]

The Single Best Strategy to Use for H1B Visa in Los Angeles

Likewise, the TN visa will not let you get the job done for an organization you are the only owner of. You have to have a job offer to operate for a corporation.

When an H-1B worker travels outside the house in the U.S. for almost any explanation (apart from to Canada or Mexico), he or she needs to have a sound visa stamped on their passport for re-entry into the United States. If the employee has an expired stamp but an unexpired i-797 petition, they will need to look in a very U.

The applicant's employer must post proof that the applicant fulfills the minimum instruction demands or has the alternative qualifications outlined in the NAFTA settlement. Proof of Expert skills could be in the form of levels, certificates, diplomas, Expert licenses, or membership in a knowledgeable Firm.

Since This can be your initial visit to the dashboard let us get some basic details about you. This will likely assist us to tailor the dashboard encounter.

Pageiof4 In addition, an Apostille may well never be utilized for the recognition of the doc in the region wherever that document was issued.

However, when more accurate numbers turned out there on September six, it turned clear the quota experienced not been achieved All things considered, and processing resumed for the rest of the fiscal yr.[13]

At the time the appropriate particular person is discovered, a lot of worries will disappear. When working with a professional, You can find somebody there who knows each letter with the legislation and can help make sure the ideal probabilities of work.

My I-140 for that EB2 NIW continues to be permitted!! Thank you Michael and Lahaina of Ashoori Legislation, and thank you USCIS!Just before meeting Michael Ashoori, I had frustratingly labored with 3 other immigration legislation firms over the previous 6 decades to make certain my... business enterprise, my youngsters, And that I have been normally in an approved and lawful position. With these companies, I felt not pretty versed in the in-depth immigration photograph, not sure of the likelihood of success of any certain route, and uncomfortable thinking When the recommendation and steering was the right path for me and my relatives for the long term or was it temporary fixes thus requiring even more filings Later on. I paid some fairly hefty service fees way too and infrequently was still left questioning if the option I had been being encouraged was the best option for me or was it one of the most lucrative to the legislation business. Michael was a breadth of fresh new air! Although looking into here my queries online I discovered Ashoori Regulation through the movies Michael posts - the video clips were focused, insightful, and addressed pretty much The entire photo regarding the topic he spoke on. The tone was chatty and Michael stumbled on as quite approachable, conveying the regulation in terms I could realize, with no getting rid of the detail. Right after seeing the main video, I searched for far more and binge-viewed all I could obtain before reaching out to Michael! For the duration of my Original session, I felt so reassured by not only Michael's substantial immigration legislation know-how, but will also the way he defined alternatives. Anything he reported made a lot feeling, was relevant to my situation, and he laid out my selections Evidently, giving sincere evaluation concerning the method, the timeline, and the probability of results. He failed to get it done piecemeal or in isolation, he checked out the full picture as to how my application would have an impact on my relatives in the long run - unquestionably an important aspect when Young children hazard remaining aged out at 21.

I might extremely recommend Ashoori Regulation Place of work for your speedy and trusted visa method. The staff is accommodating, on position and prompt, They are very fast In terms of processing my visa.

The Philippines has instituted the electronic passport (ePassport) technique for all its citizens. The passport features microchip technological innovation and a host of other safety features thus making certain that Philippine passports are just about tamper-proof. ePassport issuance can be compliant with the safety specifications established by the Global Civil Aviation Organization (ICAO). The Philippine passport has an integrated circuit (chip) in just its web pages that contain data that might be critical in verifying the identity of the passport holder.

Because the TN visa is a non-immigrant classification, it's short-term and does indirectly bring about an inexperienced card. The TN visa originally grants three several years of standing in The USA and might be prolonged devoid of Restrict.

The group at Ashoori legislation has long been so beneficial, attentive, and empathetic when it's got arrived at aiding my fianceé And that I apply for a US visa! I couldn't request a far more thoughtful crew and we've been so grateful we get to embark on this journey with Ashoori... legislation! examine more

The length of remain is a few yrs, extendable to six many years; and then the visa holder may have to reapply. Regulations Restrict the quantity of H-1B visas that can be issued every year: 188, hundred new and First H-1B visas had been issued in 2019.[one] Companies should generally withhold Social Protection and Medicare taxes from their wages paid to staff members in H-1B standing.

Ashoori Legislation & Team aided me with the E3 transfer and they are complete pros. They're particularly diligent with each of the paperwork, process plus they stored me current every one of the ways from start to conclusion.

[ryanswansonlaw]

Time To Start Preparing for H-1B Cap Petitions for FY 2022

The Immigration Group at Ryan Swanson advises employers to start early preparation of H-1B petitions subject to the annual quota for the 2022 fiscal year.

Under the current H-1B cap electronic registration process, employers are required to pre-register for the H-1B lottery, and then submit H-1B cap registrations during the month of March 2021. Specifically, employers seeking to file H-1B cap-subject petitions for the 2022 fiscal year, including those eligible for the advanced degree exemption, must first electronically register each individual they wish to sponsor for H-1B status, and pay the associated $10 fee for each registration. The initial registration period is anticipated to be open to employers in March 2021. USCIS will then run the H-1B selection process or “lottery” based on those registrations. Only those H-1B petitions with a selected registration will be eligible to file an H-1B cap-subject petition during a 90-day period, which is expected to begin on April 1, 2021 and end on June 30, 2021.

As background, Congress has imposed an annual limit of 65,000 H-1B visas available to individuals with a Bachelor’s degree (or equivalent work experience), and an additional 20,000 H-1B visas available to individuals who have a U.S. Master’s degree. The overall chance for selection is generally less than 50%. Last year, USCIS received nearly 275,000 H-1B registrations.

We recommend that employers initiate any H-1B cap-subject petitions well in advance of the anticipated March 2021 registration period to ensure timely submission of the registration. If an H-1B registration is selected in the lottery, the employer may then file an H-1B cap petition on the employee’s behalf. The current filing fees for an H-1B petition include a $460 filing fee, $500 anti-fraud fee, and an ACWIA Training Fee of $1,500 (if the employer has 25 or more employees), or $750 (if the employer has fewer than 25 employees). If premium processing is available for H-1B cap petitions this year, employers may request premium processing for an additional $2,500 fee.

Visit our blog to stay up to date on all the latest immigration developments and alerts.

Please contact our immigration attorneys in Seattle if your company is considering sponsoring any individuals for H-1B status under the annual quota this year.

This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances.

Ryan, Swanson & Cleveland, PLLC is a full-service law firm in Seattle, Washington. Our attorneys provide advice for Pacific Northwest businesses in matters of business law, corporate bankruptcy, community associations, COVID-19 legal support, employment rights, estate planning, food and beverage, franchise & distribution, healthcare, insurance, investment advice, licensing and technology, litigation, real estate, retail and manufacturing, securities litigation, start ups, trademarks and intellectual property, trust and estate litigation, and other business-related areas of the law.

Originally published at https://ryanswansonlaw.com.

[harleydavidsonbikepics]

Harley-Davidson Warns Against Trump's Tariffs While Laying Off American Manufacturing Workers

Harley-Davidson said on Monday that a punitive, retaliatory tariff on its motorcycles in any market would have a “significant impact” on its sales there.…Harley said in a statement that it supports free and fair trade, and the proposed US import tariffs will drive up costs for all products made with aluminum and steel, regardless of their origin.At the same time, Harley-Davidson has been most recently laying off American manufacturing workers.In January, Harley-Davidson announced that it would be closing its plant in Kansas City and moving leftover production to York, Pennsylvania. The decision to close the Kansas City plant will result in about 260 American manufacturing workers losing their jobs.Last year, as Breitbart News reported, about 183 American workers were laid off by the motorcycle company in Kansas City and Menomonee Falls.Important to note that Harley-Davidson started outsourcing their IT dept thru Infosys in 2012… https://t.co/VRpYe9mRVR— John Binder 👽 (@JxhnBinder) July 20, 2017The layoffs came just a year after Harley-Davidson decided to contract the outsourcing firm Infosys, which is responsible for the displacement of hundreds of thousands of American workers who have had their jobs sent overseas.As outsourcing expert Patrick Thibodeau reported at the time, Harley-Davidson uses the H-1B visa to outsource American jobs to foreign nationals, while also outsourcing their IT department.At the time Harley-Davidson contracted Infosys to outsource their IT department to India, roughly 125 Americans lost their jobs to foreign nationals.Harley-Davidson, though, was protected by tariffs in the 1980s under President Ronald Reagan, when he raised tariffs on imported motorcycles. At the time, Harley-Davidson was “delighted” by the tariffs.The New York Timesreported in 1983:The action was exceptional for protecting a single American company, the Harley-Davidson Motor Company of Milwaukee, the sole surviving American maker of motorcycles. The only comparable trade action by this Administration, the President’s decision last May to impose quotas on sugar imports for the first time since 1974, was aimed at an entire industry.‘‘We’re delighted,” said Vaughn L. Beals, Harley-Davidson’s chairman. ”It will give us time that we might otherwise not have had to make manufacturing improvements and bring out new products.” Free trade agreements like KORUS and NAFTA helped open up overseas markets for multinational companies to outsource their American manufacturing jobs to countries like Mexico, leaving millions of Americans laid off in the process.For example, massive trade deficits due to free trade with Mexico have left the once-booming working and middle-class Rust Belt region crumbling, with a net total of about 700,000 U.S. jobs displaced, including:14,500 American workers displaced in Wisconsin43,600 American workers displaced in Michigan2,600 American workers displaced in West Virginia26,300 American workers displaced in Pennsylvania34,900 American workers displaced in Ohio34,300 American workers displaced in New York6,500 American workers displaced in Iowa24,400 American workers displaced in Indiana34,700 American workers displaced in IllinoisOne former steel town in West Virginia lost 94 percent of its steel jobs because of NAFTA, with nearly 10,000 workers in the town being displaced from the steel industry. Since China entered the World Trade Organization (WTO) in 2001, there have been 3.2 million American jobs lost with 2.4 million of those jobs coming from the U.S. manufacturing sector.John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.Let's block ads! (Why?) Source link Read the full article

[rposervices]

US agency conducts H-1B visa lottery for 2 lakh applications

NEW DELHI: The number of applications for the H-1B visa has risen slightly over last year, by a little over 10,000 to close at 2.01 lakh for the current season 2019-20 (fiscal year 2020). The date for accepting applications had commenced on April 1. The H-1B visas are relied upon heavily by the Indian tech sector for servicing clients in the US. The last two years had shown a slight decline in the number of applications. The rise now reflected, even if minuscule, shows that despite the restrictive policies of the Trump administration, interest in this work visa has not waned, even though large Indian tech companies have over the past few years had ramped up hiring of locals in the US. For the fiscal 2020 season, which would permit successful visa beneficiaries to work in the US earliest from October 1, United States Citizenship and Immigration Services (USCIS) received 2.01 lakh applications, a slight rise of 5%, as against 1.90 lakh applications last season. This was disclosed by the USCIS in a release issued late night on April 11. On April 5, the agency had announced that it had received a sufficient number of H-1B cap applications to reach the annual ‘regular’ quota of 65,000. It had also announced that USCIS would determine if it had received a sufficient number of applications to meet the masters’ cap. Annually only 65,000 visas are allotted under the regular cap (also known as general quota) and an additional 20,000 visas under the master’s cap (for those having an advanced degree from US universities). For last filing season, which had closed on April 6, 2018, USCIS had later announced that it had got 95,885 applications which were eligible for Masters cap. It has not yet disclosed this figure for the current season. “This year, at least 42% of cap filings will be selected against the quota of 85,000, though USCIS typically accepts more than the annual quota to account for cases that are ultimately denied or withdrawn. The odds for advanced-degree cases are somewhat higher because these filings get a second chance for selection if they are not chosen in the initial lottery,” states Fragomen, a global firm specialising in immigration laws. This is the first lottery, that has been subject to the reversal process announced by the USCIS on January 30, meant to give those with a US masters’ (or higher degree) a better chance of winning the lottery. This means, USCIS first conducted the selection process for all H-1B cap applications, including those that may have been eligible for the masters’ cap. Then, it conducted a selection for those eligible for masters’ cap. Read the full article

[therebelwrites]

Nationwide — Dr. Claud Anderson, best-selling author and President of The Harvest Institute, says, “Whether it is building a wall or open admission of immigrants, the partisan debate on immigration shut down the federal government and furloughed hundreds of thousands of employee, but has ignored a core issue: the effects of immigration on Native Blacks, the most vulnerable citizens.” The Harvest Institute, a Washington, D.C. based non-profit policy and advocacy organization, has released an article on its website at www.HarvestInstitute.org, meant to address that issue. 

Anderson comments, “Executing immigration policies without mitigating the negative impact those polices have on Black Americans is illegal and unconstitutional.” The article explains that the 13th and 14th amendments to the U.S. Constitution, enacted at the end of the 1860’s Civil War, mandated that Black people be treated in all manners similar to Whites and that government must use all necessary means to lift the legacies and burdens of slavery from the shoulders of Blacks. Since then, six succeeding generations of immigrants have been fast tracked into full American Dream membership while Black Americans remain the nation’s official underclass.

The mandates of the 13th and 14th amendments of the U.S. Constitution have been ignored, violated and corrupted. These constitutional amendments were the collective base for the 1866 Civil Rights Laws designed to correct he 1857 Dredd Scott decision that held a Black man had no rights a White man was bound to respect. These laws were originally intended, not for all people, but to specifically correct the systemic injustice imposed upon Black people.

Throughout the nation’s history, there have been successive waves of immigrants that have blocked the access of Native Blacks to, or pushed them off of, the upward mobility ladder of success. After slavery over 100 million European immigrants displaced Blacks in every labor and professional occupation. The article explains how displacement should not be ignored but addressed in policy reform because it continues unabated in areas such as those below.

SPACE: Although immigrants today move into rural communities and suburbs, most tend to migrate into and gentrify majority urban Black communities. They receive direct economic assistance from private and governmental funds that aids them to compete.

ECONOMICS: In comparative and proportional terms, Native Blacks remain where they were following the Civil War, fixed at the bottom with the least wealth and income. The economic restraining impact that immigration has on Black Americans is quantifiable. For every 10 percent increase in the number of immigrants entering this nation, the annual income of Black Americans is reduced by three-tenths of one percent. As an example, in the 1950’s, Blacks had an earnings ratio of 56 cents to every $1 earned by Whites. As result of the 1960 Black civil rights movement, Black earnings ratio went up to 66 cent compared to the White dollar. However, between 1970 and 1990, there was a 300 percent increase in the number of Hispanic, Asian, and Arab immigrants. The ratio of Black earnings to Whites dropped from 66 cents back to 57 cents. The nine point economic gains of the Black civil rights movement was wiped out by a 300 percent increase of immigrant that occurred between 1970 and 1990.

EMPLOYMENT: Whether the jobs categories are unskilled or highly skilled, there is a long history in the nation of using immigrants to displace Black labor in the workplace. As example, the U.S. Department of Commerce reported that when the Civil War ended, of the 120,000 skilled craftsmen and artisans, over 100,000 of them were Black Americans. By the mid-1890’s, new immigration policies bought in 26 million immigrants who blocked Black opportunities and totally displaced them in skilled crafts, farming and businesses. Today, nearly 50 percent of the workers who fill highly technical jobs are immigrants recruited and hired under the H-1B visa program. Since 2007, approximately 48 percent of all new hires were Hispanics. Whether government or private business, programs that target employment opportunities are not the same for Native Blacks who are not immigrants.

AFFIRMATIVE ACTION AND PUBLIC POLICIES: Affirmative Action programs were originally intended to be corrective actions for the handicapping conditions and injustices imposed by law on 22 generations of Black Americans. Public policies that ignore the exceptional history of and equate the newly arriving immigrants to Native Black Americans, compounds the racial injustices embedded in the U.S. Constitution and subsequent laws. There is no constitutional mandate to provide benefits to immigrants over Native Blacks.

HARVEST INSTITUTE POLICY RECOMMENDATIONS: The Harvest Institute article contends that the nation has not complied with either the 13th or 14th amendments to the Constitution or the 1866 civil rights laws. Immigration policies to build an equitable America should be based on the following understandings: 1) that legal and illegal immigration have made Blacks a permanent minority-loser in a majority-wins society; 2) the original intent of the 13th and 14th constitutional amendments was to protect Black Americans; 3) immigration policies should establish Protected Class status for Blacks similar to that of American Indians; 4) Deferred Action for Childhood Arrivals (DACA) recipients fled their countries to escape the very conditions that are currently endured by Blacks in urban America. Continuation of the DACA program should mitigate the negative effects on Native Blacks; 5) prohibit eligibility of immigrants for Affirmative Action programs and benefits; 6) education and citizenship training programs required of immigrants should include Black history content on the contributions of Native Blacks to this nation; 7) increase the quota of immigrants of Black African descent and reform existing immigration laws to treat Haitian refugees equal to Cuban and other migrating people.

Note: Dr. Anderson more thoroughly examines immigration in his books, Black Labor, White Wealth, PowerNomics: The National Plan and A Black History Reader: 101 Questions You Never Thought to Ask (www.powernomics.com).

As I’ve mentioned in multiple posts, immigrants come to the U.S. DEMANDING--even feeling ENTITLED TO--benefits that they KNOW they would not be able to ask for elsewhere, given the fact they are NOT citizens. They are emboldened to do so because they know that they’ll likely get what they ask for. They’ll get what they ask for because their come up ALWAYS comes at the expense of native Black Americans, and NOBODY is fighting on behalf of native Blacks; we have ZERO allies standing with us and so the white pathology system GLADLY gives away our benefits to enrich foreign groups as it is simply another way to keep BLACKS from prospering--which was the PLAN when they brought us here in the first place.

NOWHERE ELSE IN THE WORLD can foreigners just waltz into somebody else’s country and start DEMANDING SHIT. NOWHERE. Yet the U.S. gives things away ONLY because the things that they disseminate come from native BLACKS. If the U.S. government had to give away ANYTHING that resulted in a net LOSS for WHITE America, then they wouldn’t give away ANYTHING at all.

[payprosalaska]

H-1B Visa Lottery System Reversed

Organizations that want to hire workers who hold H-1B visas will have to use a new online registration system as anticipated under a just-released final rule—but not until 2020. Part of the rule will take effect this year, though: In the first round of selections, advanced-degree holders will join undergraduates in the lottery for 65,000 visas.

U.S. Citizenship and Immigration Services (USCIS) announced that based on public feedback, it has decided to postpone the implementation of the electronic registration requirement until the fiscal year (FY) 2021 filing period, according to the final rule issued today.

“Employers can breathe a sigh of relief—relief that USCIS did not rush through the registration requirement this year and that [the agency] made the announcement this early in the process, removing the uncertainty about what [it] planned to do,” said Anantha Paruthipattu, founder and principal attorney at Paruthipattu Law Firm, based in Herndon, Va. “It’s now OK to go ahead and start preparing for filing as usual for April 1.”

Once the registration system is implemented, organizations that want to file H-1B cap petitions will first have to electronically register with USCIS. Randomly selected registrants will then be eligible to prepare and submit full H-1B cap-subject petitions. Currently, employers must complete lengthy applications for the visas and then hope to be chosen in the lottery, though most of them aren’t selected.

“The current system is such an utter nightmare,” said Becki Young, a partner at Grossman Young & Hammond, based in Silver Spring, Md. “I’m happy to see any attempt to resolve it.”

USCIS Director L. Francis Cissna said that the new registration system, which is currently being developed and tested, will lower overall costs for employers and increase agency efficiency. The agency estimates that employers would save between $47.3 million and $75.5 million annually.

USCIS will announce the registration period at least 30 days in advance for each fiscal year it is required, beginning next year. Registration will last at least 14 days, and, once selected, employers will have at least 90 days to file petitions.

Young said that one concern remains: the potential for fraud and abuse. “Companies that currently flood the system with tens of thousands of frivolous petitions can still submit tens of thousands of frivolous registrations, at lower cost,” she said.

USCIS said the final rule authorizes it to collect sufficient information for each registration to mitigate that risk, check for duplicate registrations submitted by the same petitioner, and match selected registrations with subsequently filed H-1B petitions. Each registration will require an attestation, and false attestations may be referred to federal law enforcement for investigation.

[Visit SHRM’s resource page on workplace immigration.]

Lottery Reversal Explained

USCIS is moving forward with its plan to reverse the order of the regular and advanced-degree lotteries for this year’s filing season, beginning April 1. The change is expected to result in more than 5,300 additional H-1Bs allocated to individuals with U.S. advanced degrees and decrease the number of visas to other petitioners with U.S. bachelor’s degrees or foreign advanced degrees.

Previously, the government conducted a lottery to award visas to 20,000 advanced-degree holders first. Those who weren’t chosen then got a second chance with the other H-1B petitions in a larger 65,000-visa lottery. This year, instead of conducting the advanced-degree lottery first, USCIS will run the regular H-1B cap lottery to meet the 65,000-visa quota with all advanced-degree earners included. It will then put the remaining applicants with U.S. master’s degrees or higher into the separate lottery for 20,000 visas.

The agency said that reversing the cap selection order will “help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries,” as well as cut down on the number of visas awarded to employees of foreign outsourcing firms, whose staff tend not to have U.S. advanced degrees.

“The policy goal is to protect wages for U.S. workers,” Young said. “The theory is that entry-level H-1B workers drive down wages for U.S. workers, so if you increase the education level in the talent pool, that should drive up wages for U.S. workers.”

Paruthipattu thought it troubling that USCIS was making a policy judgment about who employers should be hiring. “I’m not sure that the government should be taking over the hiring decisions of U.S. employers,” he said.

Employer Takeaways

Both attorneys recommended that organizations continue to proceed with the standard filing process for this year’s cap season.

Young said that while it’s “probably a little late to still be looking for candidates for this year’s cap season, it may be better to consider people with U.S. advanced degrees.”

She added that “if you are still thinking about filing this year, get started immediately. If you start your case later in February, you will be rushing to get it done.”

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[nathanielburgos]

H-1B Visa 2020-21 Lottery Predictions, Changes, Process, Cap, Dates (Updated: 2/27/2020)

Each year, tens of thousands of skilled immigrants petition for the highly sought-after H-1B visa, which is available to those who have a bachelor’s degree or higher along with a specialty job that requires that degree. Due to the fact that so many people petition each year, the USCIS placed an annual limit on the number of H-1B visas issued and conducts an annual lottery to randomly select the petitions that go onto processing.

With The H-1B 2021 season right around the corner, we’re coming up fast on 2020-2021 H1B lottery window. However, there are some changes that you can expect and should be aware of before filing. This year is shaping up to be very different from years prior. Let’s get into our H-1B 2021 lottery predictions.

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa that permits U.S. companies and employers to enlist professionals from specialty occupations overseas. With the H-1B visa, a foreign professional could work with the designated employer in the United States for a total of six years.

Requirements

As usual, we predict that the H-1B requirements will remain the same as in previous years. However, as you will see later on, these requirements could very well change in the upcoming years. As of now, the requirements are as follows. You must:

Have a job offer from a U.S. employer for a specialty position requiring a bachelor’s degree

Possess at least the required bachelor’s degree

Not be the sole proprietor of the sponsoring company

Your employer must also be able to pay you the prevailing wage and show that hiring you is a business necessity. Additionally, even though the rules have been relaxed a bit surrounding self-employment, you still cannot self-petition. To be able to use your own business as your H-1B employer for 2021, you will still need to set up a CEO or board of directors with the power to control your salary, duties, and employment status.

Your employer will also need to obtain a Labor Certification Application for you. This means that your employer must make four attestations to the Department of Labor:

Your employment must not have a detrimental impact on the workers currently employed.

The current employees must be notified of your employer’s intent to hire you.

You must be paid the prevailing wage as a minimum. This is a wage that is calculated based on your position and geographic location.

The job location must not be experiencing a lock-out or strike.

These measures are put in place to protect the current workers and to prevent employers from using foreign labor as an alternative or replacement for domestic workers. Therefore, getting an LCA should be your employer’s first step along the H-1B journey for 2021.

Lottery

Compared to other nonimmigrant visas, the H-1B may seem easier due to the relatively low eligibility criteria. However, you need to take one thing into account: chance. The main thing that separates the H-1B from other visas is the annual lottery that takes place. Because of the fact that many more people register for the H-1B than there are slots available, the USCIS randomly selects 85,000 registrations to be sent to processing. Any that are not selected will have their registrations and fees returned to them.

What’s more, the H-1B visa allows foreign workers to be accompanied by their spouse and children (under 21) via the H4 Visa. While the demand for H-1B visas was lower last year compared to previous cap seasons, the visa lottery was still necessary as 190,098 visa petitions were received from April 1st to April 6th, 2018. If that’s any indication of the demand, then we can expect a lottery again this year.

New H-1B Registration System

There is a major change that is being implemented for the H-1B visa this year as opposed to years prior. In the past, sponsors submitted full petitions along with hefty filing fees and extensive supporting evidence whenever they wanted to enter a beneficiary into the lottery.

However, this is no longer going to be the case. The USCIS has created an online registration system to replace the old petitioning system. Sponsors will not create an account through the USCIS online portal (open as of February 24th, 2020). On March 1st, they will be able to submit one registration per beneficiary they are sponsoring through this portal. A registration involves submitting the beneficiary’s information along with a non-refundable $10 fee, which is much simpler and cheaper than filing a petition.

On March 20th, the registration submission window will close and no more registrations will be accepted. The USCIS will then conduct the random lottery from the submitted petitions and select 65,000 from the regular cap and 20,000 from the master’s cap as in previous years. On or before March 31st, the registrations will have their statuses changed to reflect the winners.

However, this new system does not make petitions obsolete. Those who are selected will still need to file petitions and have them approved in order to obtain an H-1B visa. The registrations simply replace petitions as the means to enter the lottery, not as the means to obtain a visa.

This means that the USCIS will only need to process the petitions of those that were selected in the lottery, saving thousands of man-hours and dollars on administration.

Be sure to read our complete guide on the H-1B visa for 2021 to find out more.

H-1B Lottery 2021 Predictions

While this new year brings with it many new changes, other aspects of the H-1B visa process and lottery will remain the same. Take a look at the following aspects of the H-1B visa to stay up-to-date on what to expect this year:

What is the H-1B Visa Cap?

The H-1B Visa cap, enforced by USCIS, has a congressionally mandated limit of 65,000 for the regular pool and an additional 20,000 for the advanced degree. This will be the same even with the new registration system. Be aware that not all H-1B nonimmigrant visas are subject to the annual cap.

Who is Exempt from the H-1B Cap?

In order to be considered a cap-exempt registration, you must have either been previously counted against the cap or have a position with a cap-exempt employer. Note that certain positions with qualified employers are not subject to the H-1B annual quota even if the candidate has not been counted against the cap previously.

An employer who is cap-exempt generally falls into one of the following categories:

Non-profit organization. This is defined by the USCIS as an organization that is “primarily engaged in basic or applied research”

Governmental Research Center

Institute for Higher Education

Additionally, if you are already an H-1B visa holder and want to transfer employers or extend your status, then you have already been counted against the cap and your registration will be considered cap-exempt.

Keep in mind that transferring your status from one employer to the next has a caveat. If you originally came to the U.S. through a cap-exempt employer, then transferring to another cap-exempt employer is not a problem. However, if you decide to transfer to a cap-subject employer, you will need to go through the lottery process.

That employer will not be able to submit a registration until March 1st, your registration would need to be randomly selected in the cap, and you would not be able to switch employers until October 1st. Essentially, it would be like opening a brand new case. This is to prevent those who would enter the U.S. through a cap-exempt employer just to switch over to a cap-subject employer with the goal of subverting the lottery.

Premium Processing

Premium processing is an optional service that the USCIS offers for certain petitions, the I-129 being one of them. For an additional fee of $1,440, the USCIS will process a petition in 15 calendar days rather than in the standard amount of time, which can take upwards of six months.

While premium processing has been suspended in the past in order to allow for other petitions to be processed, we do not anticipate that it will be suspended this year with the new registration system being put in place and fewer petitions being submitted.

Also, remember that premium processing does not increase a petition’s chances of being selected in the lottery and it does not change the earliest starting date of all cap-subject beneficiaries, which is October 1st.

Masters Versus Regular Cap

You might be wondering what the difference is between the master’s advanced degree cap and the regular cap. In order to qualify for the master’s cap, the applicant must have a United States master’s degree (or higher). Note that only having an Associate’s Degree or Bachelor’s will not make you eligible. Likewise, if you’ve obtained a Master’s degree from a foreign institute, this will not qualify you for the cap.

Note that only having an associate’s degree or bachelor’s will not make you eligible. Likewise, if you’ve obtained a master’s degree from a foreign or unaccredited institute, this will not qualify you for the cap. You should stay up-to-date with the latest news about your institution to ensure that it is still accredited.

The advantage of being entered into the master’s cap is that you will essentially have two separate opportunities to be selected for a visa. In the past, the USCIS used to select the winners of the master’s cap first. Any registrations not selected in the master’s cap would then be re-entered into the regular cap for a second chance. This system for conducting H-1B lottery was last used in April 2018.

However, as of last year, the ordering for the master’s and regular cap has been reversed. Rather than having the master’s cap be performed first, the regular cap will be performed first in order to increase the percentage of master’s registrations that are selected.

The way this happens has to do with probability. When the regular cap is conducted, all registrations will be involved, including the master’s registrations. This means that, inevitably, some master’s registrations will be selected in the regular cap. Then, when the master’s cap is conducted afterward, there will be fewer master’s registrations as competition, since some have already been selected in the regular cap. This greatly increases the chances of a single master’s registration to be selected.

Upcoming H-1B 2021 Lottery Predictions- What to Expect

For the first time in several years, the data from previous years does little to inform the predictions for this upcoming year. Here is what we can expect based on what we know about the lottery and the H-1B climate:

An increased demand for H-1B visas as a result of improvements in the job market

An increased amount of competition as submitting a registration is much easier and cheaper than filing a petition.

How to Prepare for H-1B Visa 2020 Lottery

Since USCIS starts accepting registrations for the H-1B visa 2021 lottery on March 1st, you would benefit greatly by beginning preparations. The first thing you may want to do is secure a qualified H-1B visa attorney. The reason for this is fourfold.

Firstly, you will want to make sure that your registration is properly filed. This means that it correctly falls into either the regular or master’s cap. If a registration is incorrectly submitted into the master’s cap and is selected, it will be subsequently denied during processing. Because the rules surrounding admission into the master’s cap can be tricky, it’s best to have help.

Secondly, you want to avoid submitting multiple registrations for the same beneficiary, either purposefully or accidentally. Doing so will invalidate all of your registrations for that beneficiary and cause you to lose your chances of having him or her obtain an H-1B visa this year.

Third, once a registration is selected, the case has only just begun. Because denials and RFEs are on the rise, it is important to have an expert in your corner when the USCIS is processing your petition.

Fourth, we anticipate that the large volume of registrations will be too great for the system to handle. This could cause a failure of the system, which would immediately require sponsors to revert to the old petitioning system. If this were to happen, an attorney can help you have a petition ready to file in a timely fashion.

Are you a skilled professional working outside the U.S.? If so, the first step is to find a company willing to sponsor you. Take a look at this unofficial list of H-1B sponsors from recent years. [Disclaimer: We take no responsibility for inaccuracies of unofficial data sources.]

Preparations as an F-1 Student

If you’re currently an F-1 student then the preparations may vary slightly. You should be trying to get an internship or a job with a U.S. company and researching which sponsors are available for your desired time frame.

Remember though that if you withdraw from school while you’re on an F1 visa then you do not get the sixty-day grace period that some other visas receive.

H-1B Fee Predictions

One of the major changes that comes along with the new registration system is the implementation of a new fee. Each registration will require the payment of a $10 registration fee that will not be refunded if the registration is not selected in the lottery. This makes entering the lottery inexpensive and easy, and it also removes the need for the USCIS to process and return the petitions and fees back to the sponsors of those who were not selected.

However, if the registration is selected, then an I-129 petition will need to be subsequently filed and the following H-1B visa fees will need to be included:

Basic filing fee – $460

Anti-Fraud fee – $500

Public law 114-113 fee – $4,000 (only if the sponsor has more than 50 employees with more than half on H-1B or L-1 status)

ACWIA fee

$750 (if the sponsor has fewer than 26 employees)

$1,500 (if the sponsor has 26 or more employees

Premium processing fee – $1,440 (optional)

These fees will need to be paid by the sponsor and not the beneficiary. This also goes for any attorney fees that might be incurred.

H-1B Grace Period Predictions 2020

After the Final Rule instituted in January of 2017, H-1B holders have been given a grace period that extends 60 days after the termination of your employment, provided that it does not exceed your I-94 arrival/departure card. This will give you time to either find new employment, change your status to a different visa, or prepare to leave the country. If you are still in the U.S. after the end of this grace period, you may be considered “out of status”, which could have serious consequences including a bar from future visits to the country. We predict that this grace period will still be extended to H-1B holders in 2020.

H-1B Future Under President Trump

One thing that our clients repeatedly come back to is this: how will President Trump’s policies affect my immigration case under H-1B status?

One of the changes that has been predicted is the removal of the H-1B lottery system in favor of a new system that gives preference to foreign professionals that earn a considerable salary. This has been proposed due to the fact that some consulting companies have flooded the lottery with petitions, making it increasingly more difficult to secure a position for anyone else. However, this change has been proposed as a bill and has not been passed.

The more tangible impact that the Trump administration has on the H-1B process is the increased scrutiny of cases. H-1B denials and requests for evidence (RFEs) have increased tremendously over the past three years and will likely continue to increase as more scrutiny is laid on H-1B visa applicants.

H-4 EAD Rule

In 2015, the Obama administration established a rule allowing H-4 holders (the spouses of H-1B holders) to apply for Employment Authorization Documents, allowing them to work while their spouse was under H-1B status. This is only available to the spouses of H-1B holders that have an I-140 immigrant visa (green card) petition pending with the USCIS.

As of now, this rule still stands. However, the new administration is reconsidering this rule and aims to remove it, meaning that the spouses of H-1B holders will need to find other means of working under their H-4 visas. We will be sure to keep you posted on the latest developments.

While these changes have not yet been put into place or even approved, it is still important to be aware of the fluctuations involved with immigration law.

What’s Next?

If your registration is selected in the lottery, then your sponsor will need to file an I-129 petition on your behalf on or after April 1st. This petition must include the necessary filing fees as outlined above as well as any supporting documentation to reinforce your eligibility for the H-1B.

Next, the officer will examine your case and determine whether or not you qualify for the H-1B. If your petition fails this stage, it may be denied, requiring more extensive work to fix. If it passes, then you will be notified and you will be able to start working on October 1st if you are already in the U.S. and have a nonimmigrant status that will last you until then.

However, if that is not the case, you may need to go through an interview at the U.S. consulate or embassy in your home country. While, in the past, not everyone has had to go through an interview, our prediction for the 2020 H-1B season is that these interviews will become more mandatory.

H-1B Filing Tips

Take a look at these helpful tips for filing your petition correctly and maximizing your chances of selection.

1. Timing is Key

The H-1B is unique in that there are specific dates that must be respected in order to qualify. Take note of the following important dates for the new lottery system:

February 24th: Sponsors can create an account in the USCIS online portal.

March 1st: Sponsors can submit registrations for their beneficiaries through their accounts.

March 20th: The USCIS will stop accepting registrations.

March 31st: The USCIS will change the status of the submitted registrations to reflect the results of the lottery.

April 1st: Those that were selected in the lottery can file I-129 petitions.

October 1st: The beneficiaries of approved petitions can begin to work as H-1B employees.

2. File with Multiple Employers

If one employer submits several registrations for the same employee, they will be rejected. However, the employee can have multiple registrations submitted by different employers. Doing this can greatly increase your chances of being selected in the lottery. Also, one employer can submit registrations for several employees, as long as there is only one registration per employee.

3. Part-Time Work

The H-1B visa is not limited to full-time workers. If you only work part-time, this visa option may be for you.

3. Avoid Common Mistakes

In order to ensure that your petition has the best chance of being approved, avoid these common pitfalls that tend to result in rejections:

If the employer’s Federal Employer Identification Number (FEIN) for an LCA is not recognized in the USCIS iCert system, then a pre-verification must take place. This can delay your petition approval by several days.

Triple check the service center that will be receiving your petition. Sending it to the wrong center can seriously delay approval.

Be sure to use an approved delivery method to submit your petition. USPS, FedEx, and UPS are all bonded delivery services that can be used.

Work with your immigration attorney to make sure that your job description is thoroughly described in your petition.

If your fee payments have been combined into one single check, you may experience delays in processing. Be sure to write separate checks for each individual payment.

Make sure that your I-129 start date is correct and does not contain any mistakes or typos.

Many people make the mistake in thinking that purchasing premium processing will secure them a spot in the lottery or otherwise increase their chances. This is not true. This feature only causes your I-129 to be processed in 15 days and does not change your employment start date.

Make sure that all mandatory fees are paid by the employer. Should the USCIS learn that the employee paid these fees after the visa has been issued, there is a possibility that it could be revoked.

4. Consider Alternatives to the H-1B

If you and your immigration lawyer come to the conclusion that you do not qualify for the H-1B visa or you would be better served with another option, here are some alternatives.

If you are a Canadian or Mexican citizen, the TN visa may be a better option. This visa class has a limited list of qualified occupations but offers easier application processes and unlimited renewals.

The J-1 visa allows people from a variety of occupations to participate in a program that would sponsor them. These include, but are not limited to, students, doctors, nannies, camp counselors, and professors.

Under the L-1 visa, an employer can have executives, managers, or specialty employees from an office outside the U.S. to one within its borders. This can also be a good way to start a new branch or subsidiary in the U.S.

The O-1 visa allows people with extraordinary achievements in their field to work in the U.S. for a period of up to three years.

H-1B to Green Card Predictions

The process of going from an H-1B visa to a green card should remain the same for the 2020 season. If you are not aware of how to make this adjustment, here are the basic steps:

Decide which green card works best for your situation

Have your employer (current or new) obtain a PERM Labor Certification for you (unless you are applying for the EB-1 or EB-2 NIW)

Have that sponsoring employer file an I-140 petition on your behalf.

Wait until your petition has been approved and your priority date is current.

File an I-485 to adjust your status to legal permanent resident.

Even though there are no changes to this process for 2020, it would be wise to keep an eye on the USCIS news site or this blog to see if there is any information that would impact your green card case.

H-1B 2020 Predictions FAQ

Can we expect more changes from the Trump administration concerning the H-1B?

President Trump and his administration have made it abundantly clear that they intend to do what they can to mitigate illegal immigration as well as the negative impact that legal immigration has on American workers. Their actions since the president’s election have backed this intention. With the final year of the term approaches, we can likely expect more H-1B changes to come.

How can I know if these changes will affect my case?

All of these H-1B changes may seem impactful, but you may not be sure if this is something you should be concerned with. If you are a beneficiary that does not qualify for the master’s cap, you may not need to worry about anything. However, for master’s cap immigrants and U.S. petitioning employers, it may be a different story. Your immigration attorney will be able to help you apply these changes to your case.

How can I stay updated on the H-1B changes?

The best way to stay updated is to subscribe to our monthly newsletter or to check the USCIS website regularly for news and updates.

How Will I Know If My Registration Has Been Selected?

On March 31st, logging onto your USCIS online portal should show that the status of your registration has changed, though it may also have stayed the same. Here are the four statuses you will see on your registration:

Selected: This status means that your registration has been selected in the lottery and your sponsor can go on to file a petition on April 1st.

Denied: This means that your registration was not deemed valid or qualified for the cap. We anticipate this status only being given to those that file multiple registrations for the same beneficiary.

Submitted: This just means that your registration has been received by the USCIS system. However, your registration may continue to say “Submitted” after March 31st. In fact, if your petition is not either “Selected” or “Denied”, it will remain as “Submitted” until October 1st.

Not Selected: This means that your registration was not chosen. However, because the USCIS may choose any valid registrations to fill the cap throughout the remainder of the fiscal year, a registration that is not chosen will only be changed to “Not Selected” on October 1st.

How Our Immigration Attorneys Can Help

Our expert team of attorneys has extensive experience and a great reputation for offering top-notch representation in H-1B visas, L-1 visas, and employment green card cases. We offer a highly competitive flat fee for H-1B filings and an initial consultation to review your case.

If you have any additional questions regarding the H-1B visa process or need more H-1B filing tips please don’t hesitate to fill out this form and see if you qualify for a free consultation.

Immi-USA also offers services in the following areas:

H-1B, E, L, O, P, H-3, J, K and U Visas, as well as I-130 and I-140 Immigrant Petitions with Accompanying Adjustment of Status (I-485)

EB-1 Extraordinary Ability Petition

PERM Labor Certification with the Department of Labor

EB-2 and EB-3 Employment-based Green Cards

Investment Based and Treaty Trader Visas and EB-5 Green Card

Related H-1- Visa 2020 Topics

H-1B Visa Requirements

H-1B Visa Process

H-1B Visa Processing Fees

H-1B Visa Documents

H-1B Annual Cap

H-1B Visa Stamping

H-1B Visa Transfer

H-1B Transfer Premium Processing

H-1B Visa Extension

H-1B Dependent Employer

H-1B for Nurses

H-1B for Teachers

H-1B Cap Exempt

H-1B2 Visa

The post H-1B Visa 2020-21 Lottery Predictions, Changes, Process, Cap, Dates (Updated: 2/27/2020) appeared first on SGM Immigration Law Group.

H-1B Visa 2020-21 Lottery Predictions, Changes, Process, Cap, Dates (Updated: 2/27/2020) published first on https://ordergcmsnotescanada.tumblr.com/

[bigyack-com]

The Delhi-DC dance on immigration | HT Editorial - editorials

External affairs minister, S Jaishankar, told Parliament that almost a quarter of H-1 visa applications are now denied by United States authorities. Separately, Washington has recommended that the right of work of H-4 visa holders — spouses of H-1 visa holders — should be revoked. Restrictions are being put on the right to work of F and M student visa holders. The US, traditionally the most migrant-friendly nation in the world, is slowly lifting the drawbridge. India repeatedly makes the argument to the US that the H-1 visa is mutually beneficial. The economics of this is unquestionable — even India benefits from the “brain circulation” between the two countries. But it runs counter to the dominant anti-immigrant narrative of the Donald Trump administration. Indians need to be realistic that a period of openness to tech workers and their ilk is coming to a close across much of the West. New Delhi has to be realistic about how much it can change this narrative. The US remains open to thousands of tech workers who are brought in by big-tech firms, but is squeezing the ability of small outsourcers to sponsor workers. It remains open to tens of thousands of those in science and engineering, while closing the door on vocational trainees. Allowing H visa spouses to work was an unusual move followed by almost no other country, India included. It was unlikely to survive for long. New Delhi should consider blending immigration into its trade negotiations rather than depending solely on White House whims. Other countries, like Australia, have built fixed H-1B quotas into trade pacts with the US. It should also support, however much it can, plans in the US and the United Kingdom to switch to points-based immigration systems. Indians tend to benefit from such arrangements. Finally, it would be useful if India was itself more generous about migrants rather than joining the world in erecting walls. Source link Read the full article

[bharatiyamedia-blog]

Trump unveils merit-based immigration system

http://tinyurl.com/yxax378d US President Donald Trump on Thursday rolled out a merit-based immigration system from which foreigners, together with a whole lot and hundreds of Indian professionals and expert employees, ready to get Inexperienced Playing cards or everlasting authorized residency stand to profit. The immigration reform proposals considerably improve the quota for expert employees from current practically 12 per cent to 57 per cent. In addition to, below the proposed reforms, immigrants will probably be required to be taught English and move a civics examination previous to admission. The most important immigration coverage, nonetheless, is unlikely to see the Congressional node quickly, given the bitter throughout the aisle political divide between the Democrats, who’ve majority within the Home of Representatives, and the Republicans who management the Senate. Trump, in his Rose Backyard announcement, himself conceded the difficulties forward in getting his plan change into the regulation of the day. Signaling to make it an election problem subsequent yr, Trump mentioned the Republicans must regain management of the Home, retain majority within the Senate and he himself be re-elected to the White Home. Notably, America’s final immigration overhaul was 54 years in the past. Ruing that the present system of authorized immigration has didn’t retain and entice the expertise and sensible younger individuals from throughout the globe, Trump mentioned he’s proposing a merit-based immigration system whereby everlasting authorized residency can be given based mostly on factors for his or her age, information, job alternatives and their civic sense. “Beneath the mindless guidelines of the present system, we’re not in a position to give desire to a physician, a researcher, a pupil who graduated primary in his class from the best faculties on the earth, anyone. We’re not in a position to maintain it. We’re not in a position to make these unimaginable breakthroughs,” Trump mentioned. “If someone graduates high of their class from one of the best school, sorry, return to your nation. We wish to preserve them right here,” he mentioned in a serious Rose Backyard speech. The President mentioned firms are transferring places of work to different nations as a result of “US immigration guidelines stop them from retaining extremely expert even when they’re completely sensible individuals”. “We discriminate towards genius. We discriminate towards brilliance. We cannot anymore as soon as we get this previous, and we hope to get it handed as quickly as potential,” he mentioned. Such a transfer is prone to profit a whole lot and hundreds of Indian professionals on H-1B visa whose present Inexperienced Card wait, on a mean, is greater than a decade. Trump additionally focused the prevailing immigration system that provides desire to household ties. As of now, about 66 per cent of the Inexperienced Playing cards are given to these with household ties. “A few of the most expert college students at US’s world-class universities are going again dwelling as a result of they haven’t any relations to sponsor them right here in america, and that is the one method. We wish these distinctive college students and employees to remain and flourish and thrive in America,” Trump mentioned amidst applause from the viewers. Observing that solely 12 per cent of authorized immigrants are chosen based mostly on talent or advantage, he mentioned in nations like Canada, Australia, and New Zealand and others, that quantity is nearer to 60 per cent, and even 70 per cent and 75 per cent in some instances. “The largest change we make is to extend the proportion of extremely expert immigration from 12 per cent to 57 per cent, and we would wish to even see if we are able to go larger,” he mentioned. “It will carry us according to different nations and make us globally aggressive,” Trump mentioned. On the identical time, the US will prioritize the quick household of recent People, spouses and kids, he mentioned. Trump asserted that his proposal is pro-American, pro-immigrant, and pro-worker. “It is simply frequent sense. It can assist all of our individuals, together with tens of millions of devoted immigrants, to realize the American dream,” he claimed. Trump mentioned his plan stops unlawful immigration and totally secures the border. It establishes a brand new authorized immigration system that protects American wages, promotes American values, and attracts one of the best and brightest from all around the globe, he mentioned. “The proposal begins with probably the most full and efficient border safety package deal ever assembled by our nation or some other nation,” the President mentioned. Fast response to the proposed reforms confirmed a bitter political divide. Congressman Mike Rogers, rating member of the Home Homeland Safety Committee, mentioned a White Home plan to spice up border safety and reform the immigration system is a welcome step. “The administration is not in a position to go it alone – Congress should perform its Constitutional obligation to legislate to deal with the intense challenges at our southwest border. I’m hopeful this proposal will open negotiations. We should tackle the rising humanitarian and nationwide safety disaster,” Rogers mentioned. Senate Minority Chief Chuck Schumer dubbed it as a political doc. “(This) is not a severe try at immigration reform; if something, it is a political doc that’s anti-immigration reform,” he alleged on the Senate ground. “It repackages the identical partisan, radical anti-immigrant insurance policies that the administration has pushed for the 2 years – all of which have struggled to earn even a easy majority within the Senate not to mention 60 votes,” he mentioned. ALSO READ: Proposed H-1B visa rule: Why Indian techies, IT firms should be worried ALSO WATCH: My Take: US needs to give India greater assurances on China, H1B visa issues Source link

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H-1B visa program slows down now under Trump-Chapter 2

In my previous blog, I have mentioned how the new administration has dramatically stepped up the scrutiny of the visa applications for all technology workers thus forcing many companies as well as academic institutions to wait for long months to fill the job that is designated for overseas workers. The USCIS is now challenging the work credentials of the applicants this year when compared to previous years and it requires more companies to provide the required percentage of documentation to prove the proposed employees the special skills and this may be filed in the proper rates.

Problems have arisen for companies and employers in the US who are looking forward to employing people on US H-1B visa and they seem to have invested a lot on the time and training. Many of the government requests have been particularly focused on entry-level jobs and these sound to be positions that can be easily filled by American labour and even entry-level roles in technology are said to be highly specialized and the people who have sponsored for the visas are specifically trained for the roles during education or by job consultants in USA.  

The delays may take months and there is no release of any data on how many applications that were being denied due to requests for additional evidence. The H-1B’s have long before been a political target and many technology companies as well as corporations have said that with a large number of IT operations it is necessary to fill the positions or h1b visa sponsorship jobs which are not full because they could not get it filled by domestic workers especially with those who have high-end computer skills or to recruit those who are particularly promising talent with extraordinary skills.

Tech firms from all over the country have defended the program vigorously as much as to get more visa holders into the country by relaxing the quotas. The federal law limits the number of new visas the government has issued with a total of 65,000 with an additional 20,000 who have advanced degrees at US institutions. Adding to the numbers there are many thousands of H-1B workers who are at nonprofit institutions such as medical research camps and universities which are not subject to any kind of annual caps. Last year the USCIS has approved 110,000 new applications in total and 230,000 were renewing visa holders. 

Critics will be arguing that the program is being abused by major corporations that are relying upon it for cheap skilled labor thus effectively using these workers as a part of the outsourcing strategy that is costing the natives of well-paying jobs. The recent shifts are said to be a reasonable effort to faithfully apply the law as it is reported that the previous administration was being too lenient in the reviewing of visa requests thus allowing the companies to file a number of application that did not make a strong case too to work in the US. The companies will be submitting better applications in the future and thus identify a number of qualified candidates. 

Continue reading more. 

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H-1B visa nominations from IT firms likely to see a steep drop this year

The US will start accepting H-1B visa filings for FY2020 from April. The period always comes with drama, excitement and disappointment as few employees get nominated. However, anxiety has replaced excitement after the Trump administration tightened the visa regulations, resulting in increasing rejections and exodus of Indians from the US since 2017. The H-1B and the grand American dream began to slowly losing its charm.

Karthikeyan Palanisamy*, a project manager in a major IT company in India, said: "The scene now is quite different. People are not excited at the prospect of getting nominated for an H-1B visa given the negativity towards it. Now for the most the hope of getting an H-1B is 99.9 percent negative," he said. Number of applications that are getting rejected have increased. According to a United States Citizenship and Immigration Services (USCIS) data, close to 60 percent of companies that applied for a visa on behalf of foreign workers received requests for additional information in the last quarter of 2018. It was 46 percent in 2017 and 28 percent in 2016. The approval rate fell to 75 percent in the final quarter of 2018 from 83 percent in 2017 and 92 percent in 2016. In addition the USCIS have been changing the visa rules every few months. "One time it is purely based on lottery, next time they want to do a face-to-face interview. Now it is a skill-based evaluation. Who knows what change will be next?" asks Deepan Karthick, an employee of another IT company. With so many changes, companies are reducing the number of H-1B nominations and employees themselves are not too keen given the complications. According to a project manager, while there used be a 10,000-15,000 nomination few years back it is likely to come down to 3,000 this year. "Even in this 3,000 we don't how many will get the visa and how many will get to travel even if they did get it," the manager added. Even as the number of people getting an H-1B has come down, people holding a valid H-1B are unable to travel. "It is not just like you can simply travel just because you have a valid H-1B visa. There have been instances where people asked to return for lack of documentation," the manager added. Companies instead of wasting resources, are utilising the existing visa holders in the US. "It is advantage for guys in the US with H-1B. There is so much demand but there are not many talents available, especially in the space of artificial intelligence, machine learning and cloud," said Palanisamy. Another side of the story is the increasing interest in working in the non-US geographies. With the US dream going for a toss, IT employees are now looking at different geographies for onsite opportunities. Palanisamy said, “Employees are not interested in H-1B anymore, myself included. Many of them are looking for non-US visa, which are less stressful.” H-1B visa process trivia H-1B has a cap of 65,000 for regular quota and 20,000 for Master’s quota (US Masters eligible) Filing of H-1B papers start from April 1, 2019. Once H-1B petitions are filed, it goes through a lottery process through which the employees for whom H-1B can be processed are selected. (Recently there have been changes made to the rules on how employees are selected for H-1B) The fee to process one H-1B can vary between $1,600 to $7,400 plus attorney fee as of FY2018. H1B Fee – Paid Towards Amount in USD Base filing fee $460 AICWA Fee $750  or $1,500 Fraud prevent & detection fee $500 Fee based on Public Law 114-113 ( if applicable) $4000 Premium processing fee (Optional) $1,225 Immigration Attorney Fee Varies from $500 to $3000 Source: Redbus2us.com Read the full article

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Five Reasons for an EB-5 Visa

Many foreign citizens with the goal of relocating to the U.S. are faced with procedural hurdles that increase the difficultly of living and working in the U.S. Students applying for H-1B visas are subject to an H-1B lottery with poor odds, forcing them to return home at the end of their Optional Practical Training period. Those lucky enough to make it through the lottery and have an employer willing to sponsor them for a green card face massive backlogs in the EB-2 and EB-3 categories creating a decade long wait. The EB-5 program presents a number of solutions to these issues.

The EB-5 program offers permanent residency to foreign nationals who invest at least $500,000 into a U.S. business that creates 10 full-time jobs for American workers. The investor's spouse and unmarried children under 21 years of age are also eligible to receive green cards through the same investment. Each investor must prove that the funds used to invest in the EB-5 project originated from a lawful source. Here are five reasons why EB-5 may be an attractive option:

No EB-5 backlog for persons chargeable to     the Indian quota. Even with current processing times, Indian citizens can     expect to have a green card in approximately 2 years, which is     significantly shorter than the EB-2 or EB-3 preference categories.

No employer sponsorship required. The     Trump administration has expressed intent to restrict the H-1B program     which would further limit an already oversubscribed program. Without the     need for sponsorship, foreign nationals are more attractive to U.S.     employers and enjoy greater freedom of career movement.

No education, experience, or language     requirement. While the EB-2 and EB-3 preference categories require certain     levels of education and work experience, EB-5 is available to students,     recent graduates, or even retirees, regardless of their credentials.

In-state tuition. As a permanent     resident, many students are eligible for in-state tuition at public     universities. In-state tuition rates are often significantly cheaper than     the full tuition rate normally charged to foreign nationals.

The EB-5 Regional Center program is set     to expire on September 30, 2017. Although we expect the Regional Center     program to be reauthorized again as it has been many other times in the     program's 25+ year history, both Congress and the Department of Homeland     Security (DHS) have proposed a number of changes to the program. While     there are several proposed bills in Congress to extend the program, all of     them propose to raise the minimum amount to $800,000. Similarly, the     proposal from DHS, which does not require Congressional action, proposes     to raise the minimum amount to $1.35 million. Therefore, it may be more expensive     to apply through the EB-5 program in the near future.

Given the unique immigration challenges many foreign citizens face, the EB-5 program may offer a unique opportunity for those seeking to immigrate to the U.S. For more information about the EB-5 program or any other immigration options, please contact us.

Contact us with questions.

Types of Visas we work with: EB-5, EB1 and EB2 visas, E-visas, and L Visas among others.

[polixy]

More than half of new green cards go to people already living in the U.S.

More than half of new green cards go to people already living in the U.S.;

About a million immigrants receive U.S. green cards each year, but fewer than half are new arrivals from other countries. The majority already live in the United States on temporary visas, according to recently released U.S. Department of Homeland Security data that show that the two groups have different profiles.

In every fiscal year since 2004, the U.S. has issued more green cards to immigrants living in the country on another visa who adjust their legal status than to new arrivals. (In fiscal 2015, the most recent full year available, there were 542,315 in the former category and 508,716 in the latter.) Since 2004, a total of 7.4 million people who adjusted their status and 5.5 million new arrivals have received lawful permanent residency in the form of a green card.

The size of the difference between the two groups has diminished, though, because the number of visas granted to immigrants already in the U.S. has declined in the past decade while the number granted to new arrivals have risen slightly. In the first two quarters of fiscal 2017, from Oct. 1 to March 30, new arrivals (289,603) slightly outnumbered those who adjusted their status (270,547). The Trump administration has announced immigration restrictions that could continue to reduce the number of people who receive green cards while they are in the U.S. on temporary visas.

The federal government grants green cards for lawful permanent residence based on a complex system of admission categories and numerical quotas. Most go to immigrants who are sponsored by family members, either as immediate relatives of U.S. citizens (44% of fiscal 2015 green cards) or other family members of citizens and lawful permanent residents (20%).

Employment-related categories (including workers’ family members) accounted for 14% of 2015 green cards. Refugees (11%) and people granted asylum (3%) together made up a similar share. There also is a “diversity” category for people from countries with historically low rates of U.S. immigration (5%). There are no green card quotas for immediate relatives, refugees and people granted asylum, but there is a limit on the number of family-sponsored and employment-based green cards that can be issued to immigrants from any country in a fiscal year (currently set at 7%).

Half (51%) of the immigrants who received green cards in 2015 by adjusting their status were refugees, had been granted asylum, or were in the employment-related category. (Refugees and those granted asylum receive green cards only by adjusting their status, and 151,995 people did so in 2015, according to Department of Homeland Security data.) Among those who received employment-related green cards, 85% – or 121,978 people – did so by adjusting from temporary status.

The group of refugees and people granted asylum includes Cubans, who had been allowed to apply for permanent residency – rather than be sent back home – if they set foot on U.S. soil, until President Obama ended that policy in January. Refugees and people granted asylum could be the category most affected by the Trump administration’s plans to reduce and restrict refugee admissions.

President Donald Trump has ordered a lower ceiling on the number of refugees admitted to the U.S., though the order’s implementation is tied up in court. (The Supreme Court has agreed to hear the case, which also includes a temporary ban on travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen.) Meanwhile, the number of refugees resettled in the U.S. each month has declined since October. Refugees are required by law to apply for lawful permanent residence status after one year of U.S. residence (people granted asylum are eligible to apply a year after being granted asylum), so any restrictions on refugees would have an impact on green card applications relatively soon.

Trump administration officials also have discussed restricting the number of temporary work visas – for example the H-1B visas for high-skilled workers, which is the main pathway for high-skilled workers to gain permanent residency. From fiscal 2010 to 2014, about 36% of employment-related green cards – more than 222,000 – were granted to H-1B visa holders, according to a report by the Bipartisan Policy Center that used Department of Homeland Security data obtained under a Freedom of Information Act request. According to its findings, a majority of people who receive employment-related green cards were in the U.S. on temporary worker visas.

New arrivals who receive green cards, on the other hand, are far more likely to be sponsored by family members – fully 85% are, compared with 46% of those who adjusted their status in 2015. Only 4% of new arrivals came in an employment category.

Both adjustments and new arrivals could be even more numerous were it not for limits on some admission categories and the per-country limit. For example, in one employment-related category, people from India applying for permanent residence as skilled employees currently have a 12-year waiting list. In other words, the government currently is processing applications filed in May of 2005.

By age and origin, two different groups of immigrants

In addition to the differences in their admission categories, green card holders who are new arrivals and those who adjust their status also differ in age and, to some degree, in where they come from, according to a Pew Research Center analysis of the recently released Department of Homeland Security data.

Green card holders who adjusted their status are more likely than new arrivals to be in the prime working years of 25 to 64, and are less likely to be younger or older. Among those who adjusted their status, 72% were ages 25 to 64, compared with 55% of new arrivals.

Looked at another way, most granted new green cards in their prime working age (58% in 2015) were those who had adjusted their status. And most people younger than 25 (60%) or those ages 65 and older (57%) were new arrivals.

The top birth countries for both groups included Mexico, China and India (these are also the top origin countries in the overall U.S. immigrant population). But beyond that, the country profiles of these two groups differ somewhat.

Among the birth countries with the most people who adjusted their status were Cuba and South Korea, whose majority of nationals have been admitted in the employment-related category. New arrivals were more likely to be from the Dominican Republic, Haiti and Vietnam (overwhelmingly with family sponsorship), and the Philippines (mainly with family sponsorship).

Unlike temporary residents, immigrants who become lawful permanent residents are allowed to live and work anywhere in the U.S. They also have a variety of other rights and may apply to become U.S. citizens after meeting length of stay and other requirements.

Topics: Domestic Affairs and Policy, Immigration, Immigration Trends, Migration

; Blog – Pew Research Center; http://www.pewresearch.org/fact-tank/2017/07/06/more-than-half-of-new-green-cards-go-to-people-already-living-in-the-u-s/; ; July 6, 2017 at 03:17PM