H1B visa is a non-immigrant work visa which permits employees in specialty occupations to work for U.S. employers. The law limits how many new cap-subject H-1B visas can be allotted in each given year. Currently, the USCIS can grant 65,000 H-1B visas per fiscal year plus an additional 20,000 for workers with a master's or higher degree awarded by a U.S. institution (often referred to as Master Cap).
In the past few years, the H-1B cap was reached immediately after the H-1B cap season opened. Last year, the USCIS counted all the applications filed between April 1st and April 5th as the "first day" filings and because they received more than the allowed numbers, the USCIS conducted a lottery.
It is crucial that anyone interested in getting H-1B visa starts the process right now and applies as early as possible - that is, on APRIL 1st, 2014. The predictions are that the cap will again be reached in the first days. Prospective H-1B employers and employees need to take into consideration the time it takes to prepare the H-1B filing. For example, one of the requirements for properly filed H-1B is a Labor Condition Application (LCA) which usually takes 7 days to obtain from the Department of Labor.
H-1B cap will typically apply to F-1 students currently working on OPT, those who are in the US in another visa category, those currently living outside of the United States, etc.
There are certain instances where H-1B applicants are exempt from the cap, such as: H-1B transfers for those currently working under cap-subject H-1B, certain physicians receiving J-1 waivers, and employees working at institutions of higher education, a related or affiliated non-profit entity, etc.
Our firm can assist you with H-1B filing and we urge you to start the process now. Contact us by phone at (512) 476-7163 or E-MAIL us.
Friday, February 21, 2014
Thursday, February 20, 2014
DACA RENEWAL - GUIDANCE FOR ICE-GRANTED DACAs
DACA (Deferred Action for Childhood Arrivals) program started in 2012 and granted a two-year deferred status and employment authorization for thousands of young people. This year, many of those DACA recipients will be looking to renew their DACA status. Although the USCIS has not issued a final guidance on how they will handle renewal applications for applicants who filed directly through the USCIS, the agency today announced procedures for those DACA applicants who were granted their status through ICE. The guidance does not apply to those who received their status through USCIS but it provides a glimpse of what to expect.
If your DACA status expires this year, the time to get ready for the renewal is now. Our office will be glad to help you. Contact us.
If your DACA status expires this year, the time to get ready for the renewal is now. Our office will be glad to help you. Contact us.
Monday, February 3, 2014
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