The U.S. District Court for the Northern District of California vacated the DHS Final Rule, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” on September 15th, in the case Chamber of Commerce, et al., v. DHS, et al.  This final rule, put forth under the Trump

Issues regarding education is a perennial problem H-1B beneficiaries face when it comes time to file.  This is because there are many educational pathways that highly skilled workers take to acquire the specialized knowledge and skill sets that their employers hire them for.   If the educational pathway is anything but

Complex RFEs can cause employment start date delays which throw a wrench in overall company workflow.  In recent years, we have seen as many as three rounds of RFEs before visa approval.  If your registration was selected for the second round of the H-1B lottery, it is essential to get

If you, or if your employee or client meets employment-based green card eligibility requirements, this is the year to file.  In a normal calendar year, there are 140,000 of these green cards available to companies that permanently employ foreign nationals.  This year, starting October 1, 2021, there will be over

This is the second year the H-1B lottery has been conducted as a two-step process, with an initial electronic registration and subsequent selection and invitation to submit completed petitions.  On March 30th 2021, USCIS conducted the first lottery, selecting 87,500 registrations to fill 85,000 H-1B visa slots.  Applicants in the

In a normal year, there are 140,000 Employment-Based Green Cards available.  However, 2020 was not a normal year and over 150,000 relatives of US citizens and green card holders were unable to immigrate because US Embassies abroad were closed due to the pandemic.  Ever year, there is a 226,000 family-based

If your H-1B application for FY2021 was rejected, you may get a second chance to file.  USCIS is now accepting petitions from last year that were rejected because the start date was LATER THAN October 1, 2020.  Why is USCIS doing this?  Last year, under the new two-step application process

According to Forbes, about two-thirds of annual H-1B cap-subject visas are awarded to beneficiaries in computer occupations.  As of June 2021, there were over 1 million computer positions actively vacant.  However, H-1B applicants working as computer programmers have been hit the hardest by specialty occupation issues in their petitions. A

Brilliant, highly skilled professionals often take non-traditional pathways through education combining work experience with formal training.  Sometimes all of the education takes place on the job.  The question is, how do you explain this to USCIS in your H-1B visa petition? The answer is that you must show the US

A successful visa petition takes a team effort.  The beneficiary, the employer, and the immigration lawyer all have important rules to play.  Who is the team member that gets often overlooked but performs many of the vital roles?  The paralegal. The bones of a successful petition are ensuring the required