cap | Scott Legal, P.C.

H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…

Jenny ZhanMarch 5, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Jenny ZhanFebruary 19, 2021

Immigration

What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be?

Is it true that the Senate passed a bill that would affect the green card backlog? Yes -- on December 2, the U.S. Senate passed an amended version of the “Fairness for High-Skilled Immigrants Act” which passed the U.S. House…

Jenny ZhanDecember 14, 2020

H-1B and E-3 Visa Immigration

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…

Jenny ZhanDecember 3, 2020

H-1B and E-3 Visa Immigration

Trump Administration Proposes to Scrap H-1B Lottery in Favor of Wage-Based Selections

The Trump administration announced H-1B rule overhaul, where the H-1B visa lottery will be eliminated and replaced with a wage-based selection. The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa…

Jenny ZhanNovember 25, 2020

H-1B and E-3 Visa Immigration

Who is a cap exempt employer?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…

Jenny ZhanJuly 23, 2020

H-1B and E-3 Visa Immigration

How much do I have to pay an H-1B employee? What is a prevailing wage? How do I find out what is the prevailing wage?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. As an H-1B employer, you have to pay the H-1B employee the higher of either the actual or prevailing wage (this is called the…

Jenny ZhanJune 12, 2020

H-1B and E-3 Visa Immigration

FY 2021 H-1B Cap Petitions can be Filed Starting April 1

USCIS announced today that H-1B cap-subject petitions for fiscal year 2021 can now be filed. USCIS has already notified all selected applications of their selection status on or before March 31. Only applicants who have be selected in the lottery…

Jenny ZhanApril 1, 2020

H-1B and E-3 Visa Immigration

FY H-1B Cap Registration Starts March 1!

The initial registration period for the FY2020 H-1B cap will open at noon Eastern Standard Time on March 1 and run through noon EST on March 20. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 28, 2020

H-1B and E-3 Visa Immigration

Petitioners can now Create Online Accounts for H-1B Lottery Registration

Starting this year, all prospective H-1B applicants must first be registered online on the USCIS myUSCIS website in order to be in the pool for the H-1B visa lottery. Online account creation is now available for prospective petitioners and legal…

Jenny ZhanFebruary 25, 2020

Approvals

H-1B Approval for a Cap-Subject H-1B case at USCIS for an Engineer

We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Engineer and has a Master’s Degree in Engineering from a U.S. University. USCIS issued a Request for Evidence in August. Scott Legal submitted a…

Jenny ZhanFebruary 12, 2020

H-1B and E-3 Visa Immigration

What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?

On January 9, 2020, USCIS formally announced details of the new H-1B cap registration process for FY 2021. The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer…

Jenny ZhanFebruary 3, 2020

H-1B and E-3 Visa Immigration

USCIS Announces H-1B Cap Registration Information

On Thursday, USCIS has formally announced details of the H-1B cap registration process for FY 2021. Starting next year, employers will have to register each individual foreign national they would like to sponsor for the lottery first. Once registered, USCIS…

Jenny ZhanJanuary 10, 2020

H-1B and E-3 Visa Immigration

I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B?

H-1B visa is a non-immigrant visa that permits a U.S. company to hire workers in specialty occupations. The H-1B visa may be granted for up to 6 years. We sometimes get the following question from potential clients: Company X sponsored…

Jenny ZhanDecember 20, 2019

H-1B and E-3 Visa Immigration

H-1B Cap Registration Will be Implemented in the Upcoming Fiscal Year Cap Season

USCIS has announced today that it has successfully completed the testing phase of the online registration system for the H-1B lottery. To learn more about the H-1B visa and your eligibility, please click here. The online registration process will be implemented…

Jenny ZhanDecember 9, 2019

H-1B and E-3 Visa Immigration

H-1B Visa Registration Fee Implemented

USCIS has announced today that a $10 non-refundable fee for each H-1B registration submitted by petitioning employers will be implemented once the electronic registration system is in place. The registration system, which is slated to go into effect for fiscal…

Jenny ZhanNovember 7, 2019

Approvals

H-1B Transfer Approval for Senior Digital Product Manager at E-Commerce Retail Company

We received an approval for an H-1B transfer case for a Senior Digital Product Manager who had extensive experience in the field working in a similar position. Despite the heightened scrutiny and increase in RFE issuance in recent times, the…

Jenny ZhanOctober 8, 2019

Approvals

H-1B Approval for a Cap-Subject H-1B Change of Status case at USCIS for an Accountant

We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Accountant and has a Bachelor’s Degree in Accounting from a U.S. University. The employer is a cosmetics company and is based in New York…

Jenny ZhanOctober 1, 2019

H-1B and E-3 Visa Immigration

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap season, your employer files an H-1B Cap Change of Status petition and the case is selected…

Jenny ZhanSeptember 30, 2019

H-1B and E-3 Visa Immigration

DHS Proposes Fee for H-1B Registration

Today, the Department of Homeland Security has announced a proposed rule that will require employers seeking to file H-1B cap-subject petitioners to pay a fee of $10 for each electronic registration submitted to USCIS. In the new proposed system, which…

Jenny ZhanSeptember 3, 2019

H-1B and E-3 Visa Immigration

USCIS Completes Return of Unselected H-1B Cap Petitions

USCIS have finished returning unselected H-1B petitions that were not selected in the FY2020 cap lottery. Employers should receive petition packages and fee checks by August 29, 2019. This year, USCIS received 201,011 filings in the week between April 1…

Jenny ZhanAugust 16, 2019

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cap | Scott Legal, P.C.

H-1B registration: Do I have to set up an account on MyUSCIS?

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

Timeline for the Upcoming FY 2022 H-1B Cap Season

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be?

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

Trump Administration Proposes to Scrap H-1B Lottery in Favor of Wage-Based Selections

Who is a cap exempt employer?

How much do I have to pay an H-1B employee? What is a prevailing wage? How do I find out what is the prevailing wage?

FY 2021 H-1B Cap Petitions can be Filed Starting April 1

FY H-1B Cap Registration Starts March 1!

Petitioners can now Create Online Accounts for H-1B Lottery Registration

H-1B Approval for a Cap-Subject H-1B case at USCIS for an Engineer

What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?

USCIS Announces H-1B Cap Registration Information

I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B?

H-1B Cap Registration Will be Implemented in the Upcoming Fiscal Year Cap Season

H-1B Visa Registration Fee Implemented

H-1B Transfer Approval for Senior Digital Product Manager at E-Commerce Retail Company

H-1B Approval for a Cap-Subject H-1B Change of Status case at USCIS for an Accountant

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

DHS Proposes Fee for H-1B Registration

USCIS Completes Return of Unselected H-1B Cap Petitions

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