purpose here is to bring you the latest and most relevant immigration
news. Immigration law is in constant flux, and we want to help you stay
on the cutting edge of the field.
Gus M. Shihab, Esq.
|Good News For H-1B Visa Cap Seekers In 2016 - Prepare Now|With
the H-1B visa filing season approaching, 2016 will perhaps present an
interesting opportunity. With the recent legislation doubling the
governmental filing fee, it is anticipated there will be lesser turnout
for employers who have less than 50% H-1B visa employees. Also, the
new filing fee may have an unintended consequence of changing
the "character" of petitioning employers as larger,
more H-1B visa populated employers will partner with smaller employers
to petition H-1B visa employees. These new dynamics, we expect,
will cause a reduction in the number of petitions in 2016 thereby
increasing the chances for other petitioners to make inthe lottery. READ ON....
a Request for Evidence (RFE) can be a dreaded experience when you've
submitted a petition to USCIS. With a little extra documentation and
strong explanations, though, this unpleasant inquiry can be overcome or
avoided altogether. In preparing your petition, it is very important to
provide as much information as you can that is carefully and clearly
presented to avoid the most common types of RFEs. These areas to pay
special attention to include:
* Your business entity information
* Evidence that the job is a "specialty occupation"
* Proof of the employer's need for the H-1B employee's services
* Proof of an employer-employee relationship
* Documentation of the H-1B employee's qualifications
* Proof of proper maintenance of status (for extensions)
With the proper documentation in these areas, you will greatly reduce your chances of receiving an RFE. Read More......
is some good and bad news for H-1B cap exempt institutions of higher
education, related or affiliated nonprofit entities, and nonprofit
government research organizations. The good news is that a new proposed
rule will expand the definition of the meaning of a "related or
affiliated" nonprofit entity. The bad news is that the new rule has more
narrowly defined the meaning of being "employed at" a qualifying
institution for the purpose of the H-1B visa cap exemption.
in order to be considered "employed at" a qualifying institution, the
H-1B employee must spend at least 51% of their work week at the
institution. This can be problematic for many H-1B employees that work
at different sites throughout the week. On the other hand, the new rule
will now recognize related or affiliated entities that are based solely
on a written, formal affiliation agreement with a cap exempt
institution. This has become a much more common practice in the
industry, and the new expanded definition of "related or affiliated"
nonprofit entity is a welcome change. Read On....
its monthly release, we break down and analyze the Visa Bulletin. This
document is how the State Department announces who is eligible to
petition for permanent residence. We also provide other relevant case processing time information.
employment-based visas, the good news for Indian nationals this month
is that EB-2 final action dates have jumped forward seven months. EB-3
final action dates have also progressed by one month, and EB-1, EB-4,
and EB-5 categories enjoy current status with no wait times.
family-sponsored visas, there is less good news. Initial filing dates
have stagnated and remain unchanged this period. Final action dates seem
to be the focus this period-advancing anywhere from not at all, to a
few weeks or a month at best.
employment-based visas, China has seen a one-month advancement this
period in the EB-2 final action date. The EB-3 category fares better
this period, with a three month advancement. The EB-1, EB-4, and EB-5
categories all enjoy "current" status this period with no wait times.
All Other Areas
employment-based visas, all other areas are current for all categories
except the EB-3 visa. The EB-3 final action date has remain stuck at
October 1, 2015.
For family-sponsored visas, initial filing dates
have stagnated and remain unchanged this period. Final action have
progressed anywhere from not at all, to a few weeks or a month at
us for more information.
Above is an analysis of employment based immigration categories. For our analysis of family categories, click here