Jessica FeinsteinBlog Posts
Department of State Proposes to End B-1 in Lieu of H-1B VisaThe B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing... Continue ReadingOctober 22, 2020 |
Filings for H-1B Visas Up 25% from Previous YearBetween March 1 and March 20, 2020, 275,000 individuals were entered into USCIS’ new electronic pre-registration system to obtain an H-1B for the 2020-2021 fiscal year. This is a nearly 25% increase over last year’s filings. While it is hard to judge what led to the apparent increase in demand, the change may be a reflection... Continue ReadingApril 3, 2020 |
Filings for H-1B Visas Up 25% from Previous YearBetween March 1 and March 20, 2020, 275,000 individuals were entered into USCIS’ new electronic pre-registration system to obtain an H-1B for the 2020-2021 fiscal year. This is a nearly 25% increase over last year’s filings. While it is hard to judge what led to the apparent increase in demand, the change may be a reflection... Continue Reading…April 3, 2020 |
Green Card Process: The Visa Bulletin and BacklogsThe Visa Bulletin, published every month by the Department of State (DOS), is the key to the Green Card process. The Department of State is charged with allocating the statutory 140,000 employment-based immigrant visas each year. The Bulletin announces when an applicant can file for the coveted Green Card. A foreign national cannot file an... Continue ReadingOctober 29, 2019 |
File H-1B Petition; Watch for Requests for EvidenceThe FY 2020 H-1B cap cases have been filed and 85,000 will be selected for adjudication. “Winning the lottery” is no longer considered the biggest hurdle, however. Back in FY 2005, about 95% of all selected cases were approved and only about 22.3% received Requests for Evidence (RFEs). Recent USCIS statistics show that by FY...… Continue ReadingApril 1, 2019 |
Increased Unannounced Site Visits from USCIS Fraud Detection ArmHistorically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the...… Continue ReadingOctober 10, 2018 |
What’s In and What’s Out of the Omnibus Spending BillThe omnibus spending bill has been passed and signed by President Donald Trump in time to avoid a government shutdown. From an immigration perspective, here is what is “in” and what is “out” for the rest of the 2018 fiscal year. In: $1.6 billion in funding for southern border fencing (but not the $25...… Continue ReadingMarch 23, 2018 |
H-2B Visa Shortage and Other Immigration Issues Hold Up U.S. Budget as Deadline NearsThe H-2B visa shortage continues, impacting thousands of U.S. businesses around other country. H-2B visas are used widely in hospitality and tourism, landscaping and the construction industry to hire foreign workers for temporary nonagricultural work. There are 66,000 available annually – half for the winter season and half for the summer season. The first step...… Continue ReadingMarch 21, 2018 |
15,000 Increase in H-2B Visas Comes with Strings AttachedAn additional 15,000 H-2B visas will be released in response to industry demand. The USCIS will begin accepting petitions on July 19, 2017, for the fiscal year which ends on September 30, 2017. Petitions will be accepted until the 15,000 visas run out or until September 15, 2017, whichever comes first. This is only a...… Continue ReadingJuly 19, 2017 |
Demand Pushes Back Dates for China, India EB Visas, Department of State AnnouncesWhile the Department of State’s Visa Control and Reporting Division had hoped it would not be necessary to include a cut-off date in the first preference category, that cut-off has come to pass. In its June 2017 Visa Bulletin, DOS states that, due to heightened demand, beginning on June 1, 2017, for both India and...… Continue ReadingMay 11, 2017 |