Month: January 2016

Don’t Miss the H-1B Deadline!

Ann Buwalda employment visa, H-1B ,

The April 1, 2016 deadline for filing H-1B petitions for the upcoming fiscal year is quickly approaching.  Don’t miss it!

The H-1B visa program is the most practical way for U.S. businesses to hire foreign professional workers.  This visa is for specialty occupations that require a bachelor’s degree in a specialty field or equivalent combination of education and/or experience.   Employment under the H-1B visa may be approved for three years and can be extended for another three year increment, totaling a maximum of six years.  Certain H-1B holders pursuing a green card are eligible to extend the visa beyond the 6 year limitation.

H-1B petitions may not be filed year-round.   This particular visa type has a numerical limit that USCIS (U.S. Citizenship and Immigration Services) accepts every fiscal year.  The number is referred to as the “cap” and is currently 65,000 for regular H-1B applicants plus an additional 20,000 H-1B visas under the Master’s degree cap exemption.

USCIS will begin accepting H-1B applications on April 1 and will continue to accept filings for the subsequent five business days.  Most years, the cap is met within those first few days and many more petitions are filed than visas exist.  If more than 65,000 petitions are received during the first week of April, USCIS performs a computerized lottery to randomly select the petitions to review.  Those not selected are returned along with the filing fees.

For F-1 students with OPT (Optional Practical Training), a timely H-1B filing will extend your OPT until the H-1B employment start date of October 1.  Please consult with a lawyer for more details and options.

U.S. employers must plan ahead to avoid missing the H-1B filing deadline.  There are certain prerequisites for filing an H-1B petition with USCIS, and U.S. employers are encouraged to contact an immigration lawyer as early as possible.

The experienced attorneys at Just Law International, P.C. are  fully equipped to serve you in preparing and filing H-1B petitions.  Please contact us and schedule a consultation to discuss further details and options.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

UPDATE: U.S. Supreme Court Will Hear Case on Expanded DACA & DAPA

Ann Buwalda DACA, DAPA, employment authorization, Executive Action , , ,

After a divided Fifth Circuit Court of Appeals denied the federal government’s request for an emergency stay of the preliminary injunction blocking the implementation of DAPA and the expansion of DACA, the Obama administration appealed the injunction itself.  After a denial from the Fifth Circuit Court of Appeals, the Obama administration took the case all the way to the U.S. Supreme Court, and on January 19, 2016, the Supreme Court granted the administration’s petition to hear the case.  Oral arguments will most likely occur in April 2016, with the Court deciding the case sometime before the end of June 2016.

If the Supreme Court rules in the Obama administration’s favor, it means the President will have six to seven months to implement DAPA and expanded DACA before he leaves office, and that could have a significant impact on many undocumented individuals currently residing in the United States.

The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program would allow those who are parents of U.S. citizens and lawful permanent residents and who meet certain requirements to apply for an initial three year period of deferred action and employment authorization.

The expanded Deferred Action for Childhood Arrivals (DACA) would allow applicants of any age and who otherwise meet the eligibility requirements to apply for deferred action, and it would extend the period of deferred action and work authorization from two to three years.

If you think you may be eligible for DAPA or expanded DACA, don’t hesitate to contact one of our offices for a consultation.

We will continue to provide updates here on the blog as the case progresses.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.