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USCIS Returns Unselected FY2018 H-1B Cap-Subject Petitions

USCIS announced on July 19, 2017, that it has returned all FY2018 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. If an H-1B cap-subject petition was submitted between April 3, 2017, and April 7, 2017, and a receipt notice or a returned petition is not received by July 31, 2017, please contact USCIS.

Already USCIS Reached FY2018 H-1B Cap

USCIS reached the congressionally mandated 65,000 visa H-1B cap for FY2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all unselected petitions. 

H-1B season about to begin

USCIS announced that it will begin accepting H-1B petitions subject to the FY2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY2018 cap will be rejected. In preparation for the FY2018 H-1B nonimmigrant visa cap season,

H-1B’s about to begin

WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected.
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.
Congress set a cap of 65,000 H-1B visas per fiscal year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met.
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.While premium processing is suspended any Form I-907 filed with an H-1B petition will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected.

Proposed Rules for Highly Skilled workers

DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). The rule would also make changes intended to improve stability and job flexibility for certain workers, and would amend regulations governing the processing of applications for employment authorization.

It’s expensive to file the H-1B or L-1 now

As a result of the FY2016 omnibus appropriations bill passed on December 18, 2015, thesupplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously expired fees for L-1 petitions will increase from $2,250 to $4,500, and the fees for H-1B petitions will increase from $2,000 to $4,000. These supplemental fees must be paid on initial and extension petitions.

There are lots of options for Work Visas


work visa lawyer

In order to get the best iwork visa lawyer, you need to do your research. Keep in mind that the work visa lawyer will have clients all over the United States and not just locally or in the State upon which you are located. Immigration Law if Federal Law, and therefore, the best work visa lawyer can practice anywhere. This means that the work visa lawyer can do an H-1B, or O-1, or PERM, or E-2, or E-1 or EB-5 Petition in California or Texas or New York or Montana or anywhere that you have an immigration problem. This does not mean to say that there are not different arguments and applications of the law in different locations. However, the work visa lawyer will know how to properly apply and argue these laws. For example, if you happen to be in California, this would be the in the jurisdiction of the  ninth circuit. However, if you lived in Texas, you would be in the jurisdiction of the 5th circuit. The different circuits will apply the laws differently in certain situations. It will be incumbent among the best immigration attorney to know and research the law in that particular jurisdiction. It is quite possible that the work visa lawyer will not be in the jurisdiction you are currently living. This is because many times, work visa lawyers that do not do immigration law full-time and for many years will simply do relatively adjustment applications or consulate processing. However, the reality is that immigration law is much more difficult than this and the work visa lawyer will have prepared hundreds if not thousands of immigration petitions, applications, and other types of relief for the client so that there is a reasonable chance of success. Just because the law is applied differently in a particular circuit is no reason to fear. The work visa lawyer will have an immigration law library at his  or her fingertips and will have years of experience in researching the statutes, regulations and Immigration and Nationality Act.  Many times with removal / deportation hearings, the work visa lawyer will be able to telephonically appear so that the client will not have to incur paying the expense of the best immigration attorney to travel. Although, it is likely that during the merits hearing, that the work visa lawyer will have to travel and be there in person. Keep in mind that we are not just talking about a simple trial whereby if you lose, you will have to pay some money. This is your life we are talking about. If you lose, you could be deported and never able to come back to the U.S.


Watch a video on getting the work visa lawyer


Alternatively, if you want to come into the U.S. on some type of H-1B or O-1 or other type of visa, you also need to get the work visa lawyer. U.S. Consulates could care less if you live in Nebraska, Idaho or California or New York. They will see the same thing and they must issue the visa. This is all the more reason to make sure that you hire the best immigration attorney to help you. Unlike other countries that are easy to immigration, the U.S. is the opposite. The officials cannot be bribed indicates the Law Offices of Brian D. Lerner, APC. The work visa lawyer will not tell you that they ‘know’ somebody on the inside to help. Rather, the work visa lawyer will meticulously prepare the petition and will review and edit the petition until it is the best possible petition that can be filed. Otherwise, you are not being properly represented. It is not the speed of the petition that counts. Rather, the work visa lawyerwill prepare the petition or application in a manner that will give you the best chance of success. If that takes longer than you would like, then that is only of secondary importance. What is the use of filing a petition because you want it to be filed asap if it just gets denied. Rather, if it gets filed after the work visa lawyer has prepared it to the best possible condition it can be in, and it has a much higher chance of success, then why not wait just a little bit longer.


Keep in mind that the work visa lawyer has lots of items and knowledge to be able to help you. During the consultation, let him or her interrupt you and ask questions. What you might deem is critically important may have no importance at all and might not help with the immigration case. Let the best immigration attorney get to the crux of the issue and determine what is absolute best for you to be able to succeed. That is the bottom line and that is what the best immigration attorney wants. He or she does not want to get a denial and only wants to help you. Also, keep in mind that sometimes the work visa lawyer knows that there might be a denial on the first try and knows that only with an appeal with there be a realistic chance of success. Just make sure that when you have an immigration problem that need help from an attorney, be sure to hire only the best work visa lawyer.

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