H-1b Visa Cap Season is Almost Here!
USCIS has announced that the initial registration period for the FY2023 H-1b cap will open at 12 pm ET on March 1, 2022, and run through 12 pm ET on March 18, 2022.
USCIS has announced that the initial registration period for the FY2023 H-1b cap will open at 12 pm ET on March 1, 2022, and run through 12 pm ET on March 18, 2022.
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.
This March there will be an H-1b visa registration lottery system similar to the one used in March 2021. 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 employer consultation, at 415-413-8760 or theteam@huwelaw.com.
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.
New H-1b Visa Rule Calls for Lottery Selection Based on Wage Level
Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.
UPDATE: The Biden administration has put a 60 day hold or “freeze” on implementation of this new rule. Therefore it will not apply in this year’s lottery selection process.
Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.
What is the new rule?
Under the existing rule, H-1b visa lottery winners are chosen based on a random selection process. The new rule calls for lottery selection based on the wage level used in an H-1b visa petition. This means that H-1b visa numbers will be allocated according to salary levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.
Will the new rule affect this year's H-1b cap season?
As of now, that is unclear. The rule is scheduled to go into effect on March 9, 2021. Incoming President Biden has the authority to put a freeze on all unimplemented rules that exist at the time he takes office, including this one. The freeze could be up to 60 days, which means this rule would not apply to this H-1b cap season. However, Biden has not committed to freezing this rule, and he has expressed support for allotment of H-1b based on wage levels. Therefore we will need to wait and see.
Need assistance with an H-1b visa cap season petition? Contact us today at theteam@huwelaw.com or 415-849-1199.
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
