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The Council Files Another Complaint Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial

The American Immigration Council filed suit on behalf of a company that provides amenity services to seniors, their families, and their senior communities to challenge USCIS’s “not a specialty occupation” denial of an H-1B petition.

USCIS Resumes Premium Processing for H‑1B Petitions Filed on or Before December 21, 2018

USCIS announced that it will resume premium processing on February 19, 2019, for all H‑1B petitions filed on or before December 21, 2018. For pending H‑1Bs that have been transferred, a premium processing request must be submitted to the service center now handling the petition.

USCIS to Resume Premium Processing for FY2019 H-1B Cap Petitions on Monday

USCIS announced that it will resume premium processing on Monday, January 28, 2019, for all FY2019 H‑1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H‑1B petitions to which it applied.

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.

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.

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,

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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