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Companies File Motion for a Temporary Restraining Order Challenging USCIS Policy Memo on Third-Party Worksites

Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.

Nearly 200,000 H-1B Applications sent

USCIS received 190,098 new H-1B cap-subject petitions for FY2019, down from approximately 199,000 petitions in FY2018.  “For the past six years, the H-1B cap has been reached within the first week of April and for the past six years, we have missed out on thousands of opportunities to build American businesses, foster innovation, and increase our shared prosperity.

H-1B’s All Used Up Already

USCIS announced that the agency had already received more than enough applications to reach the annual cap of 85,000 new H-1B visas within the first five business days of the FY2019 H-1B filing season.

Will I qualify for a work permit?

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.

H-1B’s to open up in April

You should start thinking about preparing and getting ready the H-1B you might qualify for in order to try to be in this years allotment of H-1B’s.

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

On September 18, 2017, USCIS resumed premium processing for all H-1B petitions subject to the FY 2018 cap. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. The Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. USCIS plans to resume premium processing of other H-1B petitions as workloads permit.

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