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Exceptions to the H-1B Six-Year Limit Under American Competitiveness in the 21st Century Act of 2000 (AC21)
My previous post, Is My Potential Employee Cap-Exempt?, explains the six-year limitation for an employee working under H-1B and the concept of recapturing unused time. This is a follow-up to explain the options that may be available for those H-1B employees that are approaching the end of their six years or have exhausted their six years….
Four Reasons That The Next POTUS Must Move Forward the Startup Act
The next president must make passing The Startup Act one of their priorities as a presidential candidate. This would be one giant step towards immigration reform and to really leverage the power of international talent to improve our economy.Here is why… One: Stop the STEM Students Brain Drain Studies show that more STEM students here in the…
H-3 Visa As An Alternative to H-1B
As promised in my tweet earlier, here is a report on the H-3 visa as an alternative to H-1B. First of all, special thanks to Margaret Holland-Sparages, a Senior Associate at Deutsch Williams, for sharing your experience and knowledge with the attendees. It really is a great and under-utilized program and I will very likely be suggesting…
Ombudsman Recognizes Immigrant and Non-Immigrant Employees Should Have Standing, No Guidance From USCIS
The Office of Citizenship and Immigration Services Ombudsman (the “Ombudsman”) presented their 2016 annual report yesterday. Our office aims to highlight one unsettled issue regarding the rights of the employee to have standing as the beneficiary in the I-140 and H-1B petitions. We have received numerous inquiries from beneficiary employees regarding their rights and their lack of…
Pokémon Go, the Masuda Method, and Immigration
Pokémon Go was released a little less than two weeks ago and it is already the most reported subject in the history of Google. I am a Millennial, and like many Millennials out there, we were the first to learn of these mythical creatures almost 20 years ago. We have all dreamed of one day…
EB-5 for Startups and Entrepreneurs
For EB-5’s, most investors or business people think of large real estate development projects, having $500K or $1 million in money readily available to invest, and immediately creating those 10 jobs that are required to get permanent residence. This is largely a generalization of this underutilized program. If you are a foreign national considering starting…
Is My Potential H1B Employee Cap-Exempt?
As our law firm begins to accept and work on new H1B petitions, many of which are filed subject to the 65,000 cap, it is important to remember that potential employees with petitions filed within the last 6 years could have their H1Bs refiled cap-exempt. Taking advantage of this exemption could provide H1B-dependent employers with unparalleled benefits…
Can Employers Sponsor Relatives For Employment-Based Immigration? Understanding The PERM Process Through A Recent Case.
The short answer to that question is yes. However, as shown by the recent case released by the Board of Alien Labor Certification Appeals (BALCA),Matter of Palm Café Restaurant,the answer is not that simple. AILA Doc. No. 16061303 (June 7, 2016). In adjudicating the appeal of a denial of PERM labor certification, BALCA has determined what…
Benefits and Burdens of the New STEM OPT Rules
The new STEM OPT rules became effective May 10, 2016, authorizing students pursuing programs listed in the Designated Degree Program List for 24-month STEM OPT Extensions. This is a significant increase from the 17-month OPT Extension. Additionally, students will also be able to obtain an additional 24-months STEM OPT based on a prior degree, explained in more…
June 2016 Visa Bulletin Fluctuations: Why Retrogression?
Background Every month, the Department of State (DOS) receives information from the National Visa Center (NVC) about the total of visa applicants in the queue. From there, they predict the number of visas that would be available next month. Every year, the US makes available a total of approximately 226,000 family-based visas, 140,000 employment-based visas,…