Workers (H, L, R, O, P)

April 9, 2009

H-1B Visa Quota Not Reached

US Citizenship and Immigration Service (USCIS) announced the H-1B cap count today. More than 20,000 H-1B slots are still open in the regular H-1B quota. There is still time to file an H-1B application! For those holding a US Master’s degree, USCIS announced receipt of approximately 20,000 advanced degree cases, but they will continue to accept more cases because many of the cases already received will not be approved. USCIS expects that many of the regular H-1B cases already filed will also be denied. This says a lot about the chances for an H-1B approval even when an application is accepted without going through a lottery.

We don’t know how long it will take to reach the cap, so If you want to file an H-1B, hire an immigration visa attorney now. I have seen many H-1B applicants file their own cases to save time or money. There is nothing more heartbreaking than seeing someone who has “won” the H-1B lottery only to lose their case because it was badly prepared either by themselves, an immigration consultant, or by a lawyer who did not know how to submit an approvable H-1B case.

In general, cases that are marginal will usually receive a Request for Evidence or “RFE” to give the applicant a chance to prove why their case should be approved. If you receive an RFE on your case, you need hire a competent immigration visa attorney even if he or she did not prepare your original case.

April 8, 2009

Have you Received an H-1B Receipt Notice from Premium Processing yet?

by Romben Law, APC

Since the USCIS has received less than the maximum number of cases it can accept, employers and applicants who opted for premium processing to get an expedited response for H-1B status will begin receiving receipt notices dated April 7, 2009, which will be counted as the first day in the 15 day period.

The USCIS did send out a few receipt notices dated last week. It is confirmed that those receipt notices are invalid and issued as a mistake. If you received a receipt notice dated before April 7, 2009, call an immigration attorney to make sure that your case receives a proper receipt notice. Receipt notices that were issued by the USCIS by mistake will not be honored.

Applicants whose H-1Bs are being premium processed will begin receiving notification of an approval or a Request for Evidence (RFE) in the next 15 calendar days. RFEs mean that your case may not be approvable and you’ll need to prove to the USCIS that your case has merit. It is very important for you to find an H-1B immigration visa attorney to respond to the RFE. You will only have 30-84 days to respond.

March 24, 2009

H-1B Lottery: Random Selection Process Anticipated for H-1B Quota

by Romben Law, APC

The US Citizenship and Immigration Service (USCIS) published a confirmation of how the H-1B lottery will be conducted this year. It is anticipated that the quota will fill up in the first few days after the initial filing date of April 1, 2009. CIS has confirmed that if the agency receives enough cases to fill the cap within the first 5 business days in April, then the “lottery” will based on all applications that were received between April 1 through April 7.

CIS has also indicated that those cases selected in the lottery will have the same receipt date. This means that there should be no difference in how your H-1B case will be considered as long as your case is submitted on or before April 7, 2009.

If the CIS receives an insufficient number of H-1B applications within the first 5 business days of April, CIS will continue to accept petitions until the day which the agency determines that enough applications ahve finally been received. If that is the case, then CIS will conduct a lottery for those cases that are received on the last receipt date.

March 20, 2009

NON-MINISTER RELIGIOUS WORKERS SUNSET EXTENDED

by Romben Law, APC

President Obama has signed the extension of the Religious Workers program allowing non-ministers to submit applications for permanent residency. Commonly known as the “religious workers sunset,” the provision allows non-ministerial religious workers such as nuns, brothers, cantors, religious school teachers to apply for permanent residency. The extension is set to sunset again on September 29, 2009.

The non-minister category is a different category than the one providing for the immigration of ordained minsters and requires extensions of its validity every two years. For the past year however, Congress has extended the program twice, each time for a period of 6 months. In years past, extensions were granted for 2 years at a time.

The Religious Worker Visa Program became law in 1990 and was originally enacted with a sunset provision, meaning that the non-minister category would und unless extended by Congress. It has always enjoyed broad, bipartisan support and reauthorized many times since its the program began.

December 29, 2008

H-1 or L-1 and Unemployed?

by Romben Law, APC

Five days before Christmas, the Los Angeles Times reported a loss of nearly 42,000 jobs in the month of November. This raises the unemployment rate in California to a historic high of 8.4 percent.

I am often asked whether workers on H-1B or L-1 status can be terminated even if their visas have not expired. Others have asked me questions like how long can an H-1B employee stay in the US after being terminated, whether there is a grace period like 30 or 90 days.

The answer is simple and draconian: once the employer-employee relationship ends, so does the employee’s immigration status. In other words, when an employee no longer provides services as per the terms of their work petition, they are no longer allowed by the USCIS to stay in the US.