USCIS published a proposed rule earlier this month that would require petitioners planning to file H‑1B cap-subject petitions to register electronically ahead of the annual H-1B lottery
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USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for FY2017. March 13, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
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H-1B’s are almost ready to be filed. Don’t wait.
Question: I heard that H-1B’s are about to be able to be filed. What can I do?
Answer: First, April 1, 2013, the doors open again and new H-1B’s can be filed. It does take time to prepare a quality H-1B, so time is of the essence and you should either get started right away and start getting a sponsor right away.
Question: What exactly do I need for the H-1B?
Answer: The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; and the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
Question: What do I need to accept a job offer for an H-1B:
Answer: For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria: Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university; Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation; Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Question: Is a Labor Condition Application required?
Answer: Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.
Question: Must I establish an employer-employee relationship?
Answer: The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including: establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.
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H-1B work visa for specialty occupation visa
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Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be
aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
U.S. Citizenship and Immigration Services (USCIS) processing during the past few years created a significant backlog of cases and a consequent reduction in demand for numbers. This was one of the primary reasons the employment-based categories remained current while tens of thousands of applicants became eligible to file for adjustment of status. In the summer of 2004, USCIS notified Congress of its intent to eliminate its backlogs by the end of FY2006. This backlog reduction effort resulted in heavy visa demand in the employment-based categories,10 and as a result, we once again faced backlogs. More recently, things took an “interesting” twist when after certain backlogged categories became current in July, DOS announced that all employment-based preference categories were “unavailable” for that month.11 In the February 2008 Visa Bulletin, DOS then announced that despite two retrogressions of the India EB-2 category, demand for numbers by USCIS offices for adjustment of status had remained extremely high and as a result, the annual limit for this category had been reached.12 In March 2008, DOS then advanced some of the employment based immigrant categories, indicating that this was done to avoid a situation later in the fiscal year. However, when you are looking at the monthly visa chart, be sure to take into account that it is possible that there will be visa retrogression and you may have to wait longer.
Specialty occupation work visa
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