Work Permit | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

DACA recipients losing jobs as backlog leads to expired permits.

Posted on July 28, 2021 by sethlerner1964

A Report emerged that around 13,000 renewal cases for DACA recipients have been pending for more than four months, according to sources from USCIS. The backlog, worsened by the pandemic, has further been clogged by thousands of first-time applications for DACA permits which are simultaneously in the process of being reviewed. Recipients of the program are being especially proactive in renewing their permits, which is required every two years, because of a pending case in a Texas court, which is examining the legality of the DACA. While USCIS acknowledged the delays, the agency said that first-time DACA applications and renewal requests remain within normal processing times.

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https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca

Filed under: Backlog Reduction, DACA, Work Permit, work permits | Tagged: backlog, DACA, USCIS, Work Permit | Leave a comment »

Cap reached for additional returning worker H-2B visas for FY 2021.

Posted on July 1, 2021 by sethlerner1964

USCIS announced that it has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. The agency continues to accept petitions for H-2B nonimmigrant workers for the additional 6,000 visas allotted for nationals of Honduras, Guatemala, and El Salvador. Petitioners whose workers were not selected for the returning worker allotment are encouraged to refile for workers from the Northern Triangle countries while that visa allotment remain available. The final date for filing petitions requesting Northern Triangle nationals who are exempt from the returning worker requirement is July 8, 2021.

https://www.cde.ca.gov/ci/ct/we/workpermitsforstudents.asp

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Filed under: Undocumented workers, work authorization, Work Permit, work permits, Work Visa | Tagged: ca, h2b, USCIS, Work Permit | Leave a comment »

DHS delays effective date of H-1B Selection final rule

Posted on February 10, 2021 by sethlerner1964

On Jan. 7, USCIS announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions. The time is right around the corner. To give the agency more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to Dec. 31, 2021.

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https://californiaimmigration.us/employment/work-permits/

Filed under: Work Permit | Tagged: H-1B, h-1b cap, hib, Work Permit | Leave a comment »

Do I qualify for a work permit, and if so, what must I do?

Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

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