H-1b Visa Cap Season is Almost Here!
H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.
UPDATE: USCIS has announced that the initial registration period for the FY2022 H-1b cap will open at 12 pm ET on March 9, 2021, and run through 12 pm ET on March 25, 2021.
H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.
While the details are not out yet, it is expected that this March there will be an H-1b visa registration lottery system similar to the one used in March 2020. A company will be required to identify their H-1b visa candidates and enter them in the lottery for a chance at H-1b visa issuance.
We specialize in H-1b visas. If you are an employer with potential candidates, we would be happy to evaluate them for the H-1b visa. Please contact us today for a free consultation, at 415-548-7067 or theteam@huwelaw.com.
DOL Updates Wage Database After Judge Sets Aside Changes to H-1B Visa Program
We have good news for many businesses this week.
A US District Court in California struck down H-1b visa rules recently issued by the Department of Homeland Security and the Department of Labor (DOL).
We have good news for many businesses this week.
A US District Court in California struck down H-1b visa rules recently issued by the Department of Homeland Security and the Department of Labor (DOL). The new rules resulted in unreasonable new salary requirements for H-1b visas and Prevailing Wage Determinations (PWDs) for PERM. The DOL has just updated its wage database to comply with the court's ruling.
New Labor Condition Applications may not be submitted until December 9th. PWDs will not be processed until December 15th. PWDs issued between October 8th and December 1st, 2020, should be resubmitted.
For assistance with your H-1b visa or PERM needs, please contact us today at theteam@huwelaw.com or 415-496-9040
Why to Prepare for H-1b Cap Season Now
H-1b cap season is rapidly approaching. USCIS has created a new lottery system, which changes the process and requires advance planning. Here is why you should get started now.
H-1b cap season is rapidly approaching. USCIS has created a new lottery system, which changes the process and requires advance planning. Here is why you should get started now.
In order to deter fraud and gaming of the system, USCIS will require that all employers attest they intend to file an H-1b visa for each candidate they enter into the lottery. It is thus important to conduct basic due diligence to ensure that a bona fide application will later be able to be submitted for each candidate who wins a lottery slot. USCIS will be tracking companies that have a pattern of not filing after winning lottery slots for their candidates.
USCIS will consider applications on a first-in, first-out basis, and premium processing is not guaranteed. Lottery results will be shared no earlier than 10 days before the filing window opens on April 1st. It takes at a minimum several weeks to get an LCA certified and a petition ready to file. If you need to be in the front of that line because the employee’s OPT is going to run out or that person is needed here as soon as possible, it is best to have the application ready to go.
Need help with preparing for H-1B season?
Contact us at theteam@huwelaw.com or 415-496-9040.
Get Ready for H-1b Cap Season
H-1b cap season is rapidly approaching. This year, it is especially important to be ready. Companies must register all candidates in March and will have only 90 days to submit applications for lottery winners.
H-1b cap season is rapidly approaching. This year, it is especially important to be ready. Companies must register all candidates in March and will have only 90 days to submit applications for lottery winners.
Three Easy Things You Can Do Now
1. Track down (or request) the sponsoring company's IRS FEIN issuance letter - especially if your company has not filed an LCA before. We can get the company registered with the Department of Labor.
2. Check your VIBE profile and correct errors. USCIS checks all petitioning companies against their Validation Instrument for Business Enterprise ("VIBE") database. Any address mismatch results in an RFE, so you should check and correct your company's profile now.
3. Sign up for our free January 15th webinar on getting ready for H-1b cap season. Geared towards small and early-stage companies, this webinar will provide answers and more practical tips about things you can do now. All participants will get a complimentary one-on-one consultation with an attorney after the webinar. Start the new year right and get ahead of the curve.
Need help with your H-1B visa? Contact us at theteam@huwelaw.com or 415-548-7067 today.
