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.
Can You Apply for a Green Card Next Month? Check the February 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
Check the February 2021 Visa Bulletin. Good news: The F2A category for the spouses and children of permanent residents will remain current.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
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.
Trump Extends Immigrant and Employment Visa Bans
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
Will Biden rescind the bans?
It is possible but not guaranteed. The situation is complex, and he may decide to let them reach their natural expirations.
How will this affect me?
If you are seeking an immigrant visa (green card at a consulate) in a preference category, such as the child of a permanent resident, or as the parent of a US citizen, then that visa may not be able to be issued until April. The same is true for certain employment-based visas issued at a consulate.
Need more information or assistance with your green card or employment-based visa application? Contact us today at theteam@huwelaw.com or 415-849-1199.
Can You Apply for a Green Card Next Month? Check the January 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.