Employment-based visas

March 13, 2012

Preparing H-1B Petitions With Multiple Worksites

H-1B news. April 1, is just around the corner. The so-called “H-1B season” is upon us with preparations in high gear for early filings. While I won’t give predictions or insight into how long this quota will last, the important thing is to prepare your case well and do it as early as possible.

This blog entry will focus on a 2010 H-1B USCIS memo that was updated on March 12, 2012 discussing “employer-employee” relationships. Simply put, this memo gives guidance on how to prove up cases involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Having represented a range of employers with H-1B workers who travel about for their jobs in technology, accounting and finance, and business consulting, the attorneys at Romben Law, APC know the challenges facing employers in initial H-1B petitions, updating LCA requirements, and keeping employees in status throughout their H-1B stay, wherever they may be performing services. Such employers must know that they have additional responsibilities in preparing itineraries and documenting prevailing wages in different geographic areas.

If you or your employer have a non-traditional employment arrangement, such as one involving different worksites, contact the attorneys at Romben Law, APC for a initial consultation. —ecf

March 1, 2012

March 2012 Visa Bulletin

by Romben Law, APC

The March 2012 Visa Bulletin has been published and we are seeing some movement.

The family-based chart:

Family Based March 2012 at 9.45.27 AM.png The employment-based chart:

February 7, 2012

H-4 Work Authorization and Other Reforms to Attract and Retain Highly Skilled Workers

by Romben Law, APC

Magnet with Key.jpg Last week, Department of Homeland Security announced several proposed reforms to “attract and retain highly skilled workers.” These reforms include employment authorization of certain H-4 spouses and other concrete incentives.

DHS released a press release describing these administrative reforms, which would impact the benefits and the adjudications process in several different ways, ultimately benefiting employers, universities, scholars and workers (and their spouses):

Allowing H-4 dependent spouses to apply for EADs (employment authorization documents) if the principal H-1B spouse has extended their period of stay under AC 21 Section 104(c) or 106(c)

January 23, 2012

Employment Based Visa Numbers the Outlook for Fiscal Year 2012

by Romben Law, APC

Fiscal year 2012 began on October 1, 2011 and as expected, we saw some movement in the visa bulletin. Here is a brief summary of what the US Visa Office reports seeing in terms of usage in the first 3 months of the FY 2012.

Employment-based usage has been quite slow, but we can still expect to see some advances in the EB bulletin. There are still some EB-2 cases from 2007 in the USCIS pipeline, so we will probably see EB-2 hover around that date until cases are cleared out before forward movement is consistent.

There has been a severe slowdown in the usage of EB-1 numbers, with some speculation that recent USCIS interpretation and clarification with regard to the standard for extraordinary ability cases has created a stricter standard and perhaps has dissuaded some applicants from filing cases.

January 15, 2012

H-1B Petitions – How to Prepare for April 1 Filings

by Romben Law, APC

Checlist list image.jpg
It’s H-1B season again. The beginning of a new year and less than 3 months from the first date that USCIS will accept new H-1B petitions on April 1, 2012. It’s time to prepare your H-1B.

The immigration attorneys at Romben Law, APC have been receiving many phone calls from potential H-1B employers and H-1B job seekers in preparation of filing H-1B petitions in April and early summer. Let’s review some of the H-1B basics:

The job offer must be for a position which requires specialized knowledge in a certain field.

January 6, 2012

Proposed Change May Allow Immigration Waiver for Undocumented

by Romben Law, APC

changes ahead.jpg The Obama Administration has proposed a change in immigration regulations which would potentially change the lives of undocumented immigrants in the USA.

Maybe the most common problem we see as immigration lawyers is the person who entered the USA with no documentation, or who had a visa but overstayed — the so-called “undocumented alien.” This problem is enormous and affects our clients throughout the nation, not only those at our Romben Law, APC offices in Los Angeles or Palm Springs.

This is very complicated, so please read carefully:

December 1, 2011

H-1B Quota Update: No Lottery This Year

by Romben Law, APC

Today, the USCIS Service Center Operations released a statement that all properly filed H-1Bs applications received on Tuesday, November 22, 2011 will be accepted under the FY 2012 H-1B cap. USCIS SCOPS also confirmed that there will be no lottery for petitions properly filed and received on November 22.

Those who are awaiting receipt notices for H-1B petitions received on November 22, should be able to rest easy knowing that their cases made it under the cap on the last day of the quota. However, be aware that until you receive a receipt notice, nothing is official. Many petitions get returned due to these typical errors: the filing fees are given in the wrong amounts, boxes on the I-129 Data Collection page are not checked correctly, and for missing signatures. If a petition is returned for an error, it may well take a few weeks for it be mailed back to you. —ecf

November 23, 2011

H-1B Quota Filled: November 22, 2011

by Romben Law, APC

The day has come. The fiscal year 2012 H-1B quota was reached yesterday, Tuesday, November 22, 2011. While this comes as no surprise to those who’ve been following our blog, it is remarkable that the final 15,800 applications were received by USCIS in just the last three weeks.

So what does this mean for those who didn’t make the cap this year? Most of my clients, who did not make the quota this year are fortunately in F-1 status, with most of having some time left on their OPT period of stay. FY 2013 H-1B hopefuls will now have to make a decision of whether to return to their home countries and enter next fall on an H-1B filed next Spring or perhaps extend their F-1 study.

Many students are calling their campus international student officers to see about extending their I-20s so they can continue their studies. As long as a student is a bona fide, full-time student, s/he can remain in lawful F-1 status. But remember, while staying in the US on an extended I-20 is lawful, keep in mind that anyone wishing to travel will still need to check whether their F-1 visas are still valid.

November 1, 2011

H-1B Quota Filling Fast – Only 15,800 Remain

by Romben Law, APC

USCIS has released updated H-1B quota numbers as of October 28, 2011:

49,200 petitions have been receipted out of the 65,000 petitions allotted for the regular cap

The advanced degree cap has been met. Those seeking to file during this last phase of the H-1B season should move quickly. Call the immigration attorneys at Romben Law, APC if you would like a consultation on an H-1B application. –ecf

October 21, 2011

H-1B Quota October 21, 2011 – Advanced Degree Cap Filled

by Romben Law, APC

Stopwatch 15 secs remaining.jpg The last update from USCIS announced that the US advanced degree cap for H-1Bs has been filled.

We can expect this last batch of H-1B slots to fill up quicker since those with advanced degrees will now be making applications towards the regular H1-B quota.