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.

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.

Work Permit No Longer Necessary for L-2 Visa Holders; Automatic Extensions for H-4 Visa Holders

A recent class action legal settlement has resulted in good news for thousands of spouses of L-1 visa holders, as well as spouses of H-1b visa holders. L-2 visa holders will now be issued work authorization automatically and will not be required to submit an application for an EAD. H-4 visa holders will now be eligible for an automatic extension of their employment authorization if a timely extension request has been submitted.

The new government policy highlights are below:

• Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.

• Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD.

• Provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26).

• Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue to file Form I-765 if they choose to receive an EAD.

Are you an employer needing assistance with a visa application? We would be happy to see if we can help! Contact us today at theteam@huwelaw.com or 415-849-1199.

Cheaper Than a Headhunter: Hire an Immigration Lawyer

According to this recent Time Magazine article, more and more tech companies are choosing to grow their businesses in Canada rather than in the U.S.: https://bit.ly/2k5AzRO

Why is that?

U.S. businesses are having a hard time remaining competitive and hiring the best talent. Employment-based immigration to the U.S. is complex and restrictive, and requires a deep understanding of U.S. law and policy. Employers often feel forced to undertake costly and time-consuming searches for potential employees who are already U.S. citizens or permanent residents because they do not feel competent to navigate our immigration system.

A good immigration lawyer is necessary to recruit the very best employees, wherever in the world they may happen to be.

Hurtubise Weber Law can help. We offer a complimentary call for employers looking to explore their options. Contact us today at 415-496-9040 or theteam@huwelaw.com to learn more.

Are you ready for H-1b season?

Employers growing their business need the best talent, and sometimes that talent needs a visa. The 2018 H-1b season was brutal - USCIS applied unprecedented levels of scrutiny and issued burdensome Requests for Evidence. The stop on premium processing and extraordinary processing delays left businesses and applicants in an often untenable limbo. Some applications are still pending.

This season, we are front loading our applications with legal arguments against the novel and specious ones USCIS used last year. We are also providing additional evidence they claim they now want. Finally, we are working with our clients to develop a plan B for their candidates - even if the application is selected for the lottery. We are ready. Are you?

Contact us today to get started: 415-496-9040 or TheTeam@HuWeLaw.com