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IMPORTANT DISCLAIMER: All blog posts are intended to provide general information. Nothing we post on this site is legal advice, nor does reading anything we write, or communicating with us through this platform, create an attorney/client relationship between us. Please note that legal rules and interpretations constantly change and some blog posts may be outdated. Once again these posts do not substitute for legal counsel. Seek legal consultation for your fact specific situations.
When will I find out if my registration was selected in this year's lottery?
ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.
Read MoreUnderstanding the 60-day rule and the possible interpretations of when this time period begins is critically important for laid-off workers. This calculation is very important for an H-1B worker and their new sponsoring employer, to ensure timely filing of a transfer application or change of status application, without USCIS finding a violation of authorized stay and denying such filing. The immigration regulations (8 CFR 214.1(l)(2)), dealing with the 60-day grace period, references “cessation of employment” as the start date or triggering event for counting this window. Let’s dig into this.
Read MoreFAQ: COMPLIANCE GUIDE FOR H-1B DEPENDENT EMPLOYERS
When a US company’s employee population comprises a certain number of H-1B visa holders, the US Department of Labor categorizes certain H-1B employers as “H-1B dependent employers.” These FAQs are intended to clarify which entities would be considered “H-1B dependent employers” and their related compliance requirements.
Read MoreOn December 23, 2021, the U.S. Department of State, in consultation with the Department of Homeland Security, announced that in certain cases, the interview requirement for visa stamps may be waived for some nonimmigrant applicants with a petition approved by the U.S. Citizenship and Immigration Services. This policy will be in effect until the end of 2022. Please note that even if a visa applicant meets the below conditions, this is not a guarantee that a visa interview will absolutely not occur, as consular officers always have the option of requesting an interview.
Read MoreWhen will I find out if my registration was selected in this year's lottery?
ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.
Read MoreOn October 6, 2020 the Trump administration released two immigration rules directly aimed at the H1B and PERM Green Card processes. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation qualification as well as H1B and PERM Green Card wage requirements that impact the immigration status of professional workers.
Read MoreAgain the courts, especially in California, have helped maintain some sense of order in the immigration world. Most recently, on October 1, 2020, Trump's H-1B, L, and J visa ban on the issuance of new visas, have been enjoined by a California Federal District Court. Although this only directly benefits the named plaintiffs it is a good sign. We will keep you updated on how this progresses.
Read MoreWebinar providing an analysis of the recent Trump Immigration Order targeting H1B, L, and J Visa holder’s ability to obtain visas and enter the U.S. Please listen for information on who it affects, who it does not impact, and where the ambiguity remains. The webinar also provides ideas for companies on how best to reduce the impact of the Order and what else we might expect on the immigration front.
Read MoreWith the expected furloughing of 13,000 plus USCIS employees, there will be serious ramifications for U.S. companies in terms of predictability and onboarding of international employees in H1B, L1, O1, and other Visa status types. This, on top of the current Trump Immigration Executive Orders, makes for a challenging time. Be prepared by learning about three possible ramifications.
Read MoreOn June 29, 2020, the Trump Administration updated the June 22, 2020, Immigration Executive Order, providing additional detail to one of the three requirements for an individual to be subject to the immigration ban on entry for targeting H1B Visa holders as well as L1, J1, and H2B Visa holders. This amendment unfortunately seems directly aimed at removing an argument that we were hoping to be able to use in helping clients reduce the impact of the Order. The change directly narrows the Visa type that a person must have held on June 24, 2020, in order to avoid falling under the ban on entry.
Read MoreWill the Department of State properly interpret and apply the plain language of the Immigration Order? Are those individuals who were inside the U.S. on June 24, 2020, exempt from the Order? Are those who held any valid visa type on June 24, 2020 exempt? It already appears that the DOS is failing to abide by the actual criteria of Trump's Immigration Order.
Read MoreHow does the Trump Immigration Executive Order impact Canadian H1B and L1 ‘Visa’ holders? Trump’s Executive Order set to become effective on June 24, 2020 is set to impact visa holders seeking entry from abroad through the H1B professional worker visa, L intracompany transfer visa, but Canadians may be okay it appears.
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