• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
U.S. Immigration Law Firm

U.S. Immigration Law Firm

Business and Family Immigration

  • (310) 591-8200
  • contact@ maxlawinc.com
  • Work Visas
  • Investor Visas
  • Fiancé Visa
  • Green Cards
  • Naturalization
  • About
  • Blog
  • Contact

Blog

Will USCIS Have a Second H-1B Lottery This Year?

May 18, 2023

The FY2024 H-1B lottery yielded the largest number of registrations by a landslide in recent memory.  There was a total of 780,884 registrations this year, compared to 483,927 in 2022, and 308,613 in 2021.

So what accounted for this huge uptick in registrations?  It turned out that may applicants and companies tried to game the system by having multiple entities enter the same person in the lottery.  In other words, one applicant would have 4-5 different employers enter them in the lottery thus giving them a better chance of being selected.

In light of this, there may be a chance that USCIS does a second lottery for any unused H-1B’s from the first lottery.  While there are no guarantees, we are advising clients to cross their fingers that some of their employees who were not selected in the first round may have some luck in a subsequent drawing.

| Posted in H-1B, OPT, Students, USCIS, Work Visa |

H-1B Layoff Grace Period May Be Extended From 60 Days to 180 Days

March 15, 2023

On March 14, 2023, a presidential advisory sub-committee voted to recommend increasing the grace period for H-1B workers who have been laid off or terminated from 60 days to 180 days.  While the policy has not been finalized, we can expect to learn more about whether it will go into effect in the coming months.  Stay tuned for details.

| Posted in Uncategorized |

Determining the Employer’s Ability to Pay the Proffered Wage for Employment-Based Immigrant Petitions

March 15, 2023

When an employer submits an I-140 petition to sponsor a foreign worker for permanent residency, one of the primary requirements is demonstrating to USCIS that it has the ability to pay the prevailing wage.  So how does an employer do so?

Initial Evidence

As part of the initial evidence, USCIS has stated that the sponsoring employer must provide at least one of the three following documents for the most recent tax year:

  • Annual report
  • Federal tax return
  • Audited financial statement

100+ Employees

If the company has more than 100 employees, USCIS will permit the employer to provide a written statement from its financial officer confirming that it has the ability to pay the prevailing wage.  This statement may be submitted in lieu of the three aforementioned documents.  However, USCIS has discretion to determine whether the statement will be sufficient by itself.

Employee’s Salary

If the employee has been working for the company, it may provide proof that he/she has been paid more than the prevailing wage as of the Priority Date.  Typically, the employer can provide W-2 forms for the previous year and recent pay stubs showing the current rate of pay and the year-to-date earnings.  Note that providing the employee’s pay stubs and W-2 does not obviate the requirement to provide one of the aforementioned initial evidence documents.

Secondary Evidence

USCIS has also listed other documents that may be submitted as secondary evidence to prove its ability to pay the prevailing wage. These include the company’s:

  • Bank statements
  • Personnel records
  • Income and assets of related companies
  • Lines of credit

| Posted in Uncategorized |

Options for Non-Immigrant Workers Who Have Been Laid Off or Terminated

March 14, 2023

2022 and 2023 has seen a surge in layoffs across the board with economic uncertainly has caused many employers both large and small to reduce their workforce.  For those who are in the U.S. in non-immigrant status such as H-1B, H-1B1, E-3, L-1, TN or O-1, being laid off can have consequences beyond having no paycheck.

USCIS has clarified that non-immigrant workers who have been laid off or terminated will have a 60-day grace period to take certain actions.  Specifically, if any of the following actions are taken within 60 days of the end of employment, the non-immigrant worker will be considered to remain in authorized, lawful status.

Update:  On March 14, 2023, a Presidential Subcommittee voted to increase the 60-day grace period for laid off H-1B workers to 180 days.  This has not been finalized yet but check back for updates.

A new employer files a petition to change or transfer non-immigrant status

If you accept a new position and the new company files a timely petition to change or to transfer your status, you may be able to stay beyond the 60-day grace period.  For example, you were in H-1B status with Company A and laid off on February 1st.  You accept a new position with Company B on February 15th and the new employer files an H-1B petition on your behalf.  You can stay beyond 60 days until the new petition is approved so long as the petition was not-frivolous.

You file a petition to change to another non-immigrant status

You are laid off on February 1st.  On February 20th, you are accepted and enroll in a SEVIS-approved school.  You may file an application to change your status from H-1B to F-1 before April 1st.

You file an application for adjustment of status

You were in H-1B status and laid off on February 1st.  You have been in a relationship with a U.S. citizen and decide to get married.  If you file an application to adjust your status before April 1st, you may continue to stay in authorized status.

| Posted in EAD, Employment Authorization, Entrepreneurs, H-1B, L-1, O-1, OPT, Students, TN, U.S. Immigration, Uncategorized, USCIS |

Premium Processing Now Available for F-1 Students With EAD Applications for Optional Practical Training

March 6, 2023

Effective March 6, 2023, USCIS will begin accepting premium processing applications for F-1 students who have already submitted EAD applications for pre-completion OPT, post-completion OPT, or STEM OPT extensions.

In other words, those with pending I-765 applications with USCIS for OPT may submit an application upgrade the pending application to premium processing.  Upon receipt, USCIS will have 15 days to adjudicate the application and to issue a decision.

Starting April 3, 2023, USCIS will accept concurrently filed premium processing applications for F-1 students who are submitting I-765 applications for OPT.

This will certainly be welcome news for F-1 students who have job offers lined up after graduation and are waiting for their OPT.  It is also welcome news for STEM graduates looking to extend their 1-year OPT for another 24-months.

| Posted in DACA, EAD, Employment Authorization, H-1B, OPT, Students, U.S. Immigration, USCIS |

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 26
  • Go to Next Page »

Primary Sidebar

Search

Categories

  • Adjustment of Status
  • Advance Parole
  • Canadian Immigration
  • CBP
  • Citizenship
  • Consular Processing
  • Coronavirus
  • COVID-19
  • DACA
  • DOMA
  • E-2
  • EAD
  • Employment Authorization
  • Entrepreneurs
  • Executive Action
  • Fiance Visa
  • Green Card
  • H-1B
  • Inadmissibility
  • Investors
  • L-1
  • LGBT
  • Models
  • Naturalization
  • Nurses
  • O-1
  • OPT
  • Physical Therapists
  • R-1
  • Re-Entry Permits
  • Returning Resident Visa
  • Silicon Beach
  • Students
  • TN
  • TPS
  • U.S. Immigration
  • Uncategorized
  • USCIS
  • Visa Waiver Program
  • Visitor Visa
  • Waivers
  • Work Visa

Archives

  • May 2023
  • March 2023
  • February 2023
  • January 2023
  • July 2022
  • February 2021
  • January 2021
  • August 2020
  • July 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • May 2019
  • April 2019
  • November 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • January 2016
  • November 2015
  • August 2015
  • July 2015
  • June 2015
  • January 2015
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • November 2013
  • October 2013
  • September 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • June 2012
  • March 2012
  • August 2011
  • July 2011
  • June 2011
  • February 2011
  • January 2011

Tags

Advance Parole B-1 B-2 Canada Citizenship Consular Processing CPT DACA DAPA DOMA DUI E-2 EAD EB-5 Entrepreneurs Executive Action F-1 Fiance Green Card green cards H-1B H-4 Immigration Inadmissibility Investors K-1 L-1 LGBT Marriage NAFTA Naturalization Nurse Obama OPT Physical Therapist Prop 8 STEM Students TN USCIS Visa Visa Bulletin Visitor Waiver Work Visa

Recent Articles

  • Will USCIS Have a Second H-1B Lottery This Year?
  • H-1B Layoff Grace Period May Be Extended From 60 Days to 180 Days
  • Determining the Employer’s Ability to Pay the Proffered Wage for Employment-Based Immigrant Petitions
  • Options for Non-Immigrant Workers Who Have Been Laid Off or Terminated
  • Premium Processing Now Available for F-1 Students With EAD Applications for Optional Practical Training

Footer

Sign up for our free newsletter or email us at contact @ maxlawinc.com if you have a question

    Confirmation may take a moment - do not exit or refresh page.

    Copyright © 2023 Maximilian Law Inc. All Rights Reserved.

    Los Angeles Immigration Law Firm Visas Green Cards

    Los Angeles El Segundo Playa Vista Immigration Lawyer Attorney Law Firm LAX 90045