Dear Readers,

The H-1B process is a crucial part of the US workforce that allows US employers to hire highly-skilled foreign workers for specialty occupations. By hiring these workers, employers can fill critical skill gaps, boost innovation, and create new job opportunities for US workers. Contrary to popular belief, studies have shown that hiring highly-skilled international workers through the H-1B process does not take away jobs from US workers, but instead, it creates jobs. This process adds value to the economy and benefits US workers by providing a diverse pool of talent and expertise that may not be available domestically. As such, it is important to support the H-1B process and recognize the benefits of having highly-skilled international workers in the US workforce.

Just reminding EMPLOYERS: The initial registration period for the FY 2024 H-1B cap LOTTERY will open on March 1st and run through March 17th, 2023. A $10 fee per registration is required, and selection notifications will be sent by March 31st.

Please feel free to contact the immigration lawyers us at NPZ Law Group by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (extensions 104 or 204). At VISASERVE - NPZ Law Group, our US and Canadian immigration and nationality lawyers are eager to assist you, your friends, colleagues, and family members with any complex immigration and nationality law matters. We pride ourselves on providing rapid and personalized service to our clients.

ABC’s OF H-1Bs (THIS IS PART 1 OF A 7 PART SERIES) H-1B FILING SEASON GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.

The US Citizenship and Immigration Services (USCIS) announced a new requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay a $10 registration fee before filing a petition. USCIS will open an initial registration period for a minimum of 14 calendar days each fiscal year, during which prospective petitioners must submit a separate registration for each alien they seek to file an H-1B cap-subject petition. If USCIS receives sufficient registrations, they will randomly select the number needed to reach the H-1B numerical allocations. This blurb summarizes important practice pointers for prospective H-1B employers and employees, including understanding the limited number of H-1B visas available, the filing fees, compliance issues, and demonstrating control over the prospective H-1B employee.

To read more, please click here . . .

ABC’s OF H-1Bs (THIS IS PART 2 OF A 7 PART SERIES). HOW MUCH DO PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE FEDERALLY MANDATED PREVAILING WAGE IS SO IMPORTANT.

Employers looking to hire H-1B nonimmigrants in specialty occupations must obtain a Labor Condition Application (LCA) from the Department of Labor (DOL). The LCA must specify the number of workers sought, occupational classification, wage rate, and conditions. Employers must offer the greater of the actual wage or prevailing wage, keeping documentation of the wage determination process. Failure to comply with regulations can result in facing WHD challenges and paying back wages.

To read more, please click here . . .

ABCs OF H-1Bs (THIS IS PART 3 OF A 7 PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.

The H-1B visa program allows US employers to hire specialized nonimmigrant workers. Compliance with regulations is necessary, including posting intent to hire notices and not displacing US workers. Failure to comply can lead to fines, imprisonment, and debarment. Nonimmigrant workers must also be properly compensated, and non-compliance can result in back pay liability and penalties. H-1B employers face significant consequences if they fail to meet their obligations.

To read more, please click here . . .

ABCs OF H-1Bs (THIS IS PART 4 OF A 7 PART SERIES): THE WHYS AND HOWS OF EDUCATION AND/OR EXPERIENCE EVALUATIONS IN THE CONTEXT OF H-1B VISA PREPARATION AND FILING.

If you're considering an H-1B nonimmigrant work visa, it's crucial to understand the educational and experience equivalency evaluations required to avoid a Request-for-Evidence (RFE) or Notice of Intent to Deny (NOID) from the USCIS. The position must be in a "Specialty Occupation," and the prospective employee must have a US baccalaureate or higher degree or its equivalent. A reliable credentials evaluation service specializing in foreign education and/or experiential credentials is crucial in proving equivalency.

To read more, please click here . . .

ABCs OF H-1Bs (THIS IS PART 5 OF A 7 PART SERIES): DOES MY MASTER’S DEGREE QUALIFY FOR THE H-1B MASTER’S CAP?

Are you an immigration practitioner, F-1 student, or H-1B employer? Know about the H-1B master's cap that grants an additional 20,000 H-1B visas to those with a master's degree or higher from a non-profit institution accredited by a recognized agency. Ensure your US-issued master's degree meets the criteria before applying.

To read more, please click here . . .

ABCs OF H-1Bs (THIS IS PART 6 OF A 7 PART SERIES): THE H-1B CAP WAS REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?

Submit separate H-1B registrations for each alien. USCIS will randomly select the necessary number of registrations after the initial period closes. Some H-1B visas are cap-exempt for beneficiaries of offers from certain institutions. The offer must meet specific criteria, and the employee must perform the majority of work at the institution to be cap-exempt.

To read more, please click here . . .

NAVIGATING THE FY2024 H-1B REGISTRATION PROCESS: A FACT SHEET FOR EMPLOYERS.

To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and attorney. Registrations must be submitted between March 1st and March 17th, 2023.

To read more, please click here . . .

AND ON THE GREEN CARD SIDE: NAVIGATING THE PERM ADVERTISING PROCESS FOR HIRING NON-U.S. CITIZENS.

Employers hiring non-U.S. citizens must follow the detailed PERM process, which includes advertising open positions, participating in job fairs, and documenting recruitment efforts. A job order must also be placed with the relevant State Workforce Agency and run for 30 consecutive days. Don't overlook any of these requirements.

To read more, please click here . . .

USCIS CLARIFIES VALIDITY PERIOD OF EMPLOYMENT AUTHORIZATION FOR F-1 NONIMMIGRANT STUDENTS UNDER SPECIAL STUDENT RELIEF PROVISIONS.

The U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 nonimmigrant students experiencing severe economic hardship due to emergent circumstances, also known as special student relief (SSR).

To read more, please click here . . .

DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR MARCH 2023 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?

The latest visa bulletin shows little movement in most employment-based categories.

The EB-1 category remains current for all countries of chargeability, while the EB-2 category has seen no movement, and high demand may lead to corrective action. The EB-3 category is also unchanged, though the DOS warns of potential cutoff dates due to increased demand. EB-4 cutoff dates have retrogressed for many countries, while EB-5 cutoff dates have seen some movement, with India experiencing further retrogression.

For the two charts listing the dates for each visa preference category and country of chargeability, please click here . . .

The foreign nationals who are in Canada as visitors and who receive a valid job offer will continue to be able to apply for and receive a work permit without having to leave the country. Visitors applying under this public policy who held a work permit within the last 12 months will also continue to be able to request interim work authorization to begin working for their new employer more quickly.

To read more, please click here . . .

U.S. IMMIGRATION: H-1B SEASON IS UPON US - A BRIEF OVERVIEW ON THE H-1B SEASON.

Who is eligible for H-1B visa? The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. H-1B Season is upon us! H-1B Lottery will be at the beginning of March 2023. Do not miss the opportunity to register for the H-1B lottery.

U.S. IMMIGRATION: WHAT IS A LCA FOR H-1B? WHAT DO PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW ABOUT THE LCA?

LCA stands for Labor Condition Application. LCA is a mandatory document that the H-1B Visa Sponsor / Employer needs to file with the US Department of Labor (DOL) before they file the H1B petition with USCIS for any nonimmigrant worker. This is as per Immigration and Nationality Act (INA) to meet the wage and working conditions requirements. As the LCA is filed to meet the H-1B program requirements, it is called commonly “H-1B LCA”. It needs to be posted in two (2) conspicuous locations at the place of business for 10 business days.