Tag: H1B visa program

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Exploring Alternatives to the H-1B Visa

Exploring Alternatives to the H-1B Visa
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The H-1B visa is a popular choice for U.S. work visas, allowing individuals to work in specialty occupations. However, due to the high demand, many applicants do not secure an H-1B visa through the annual lottery. If you weren’t selected in the H-1B Cap Lottery for Fiscal Year 2025, which closed on March 25, 2024, and announced results on April 1, 2024, there are still several viable alternatives to explore.

1. H-1B Work Authorization for Cap-Exempt Employers

Not all H-1B employment falls under the annual cap. Certain employers can file cap-exempt petitions at any time, including:

  • Institutions of higher education or affiliated nonprofit entities
  • Nonprofit research organizations
  • Government research organizations

Additionally, cap-subject employers can hire H-1B visa holders who also work for a cap-exempt employer, provided they maintain their cap-exempt employment throughout the H-1B validity period.

2. F-1 Work Authorization Options

International students in the U.S. might extend their employment authorization through Optional Practical Training (OPT):

  • Non-STEM graduates can receive up to 12 months of work authorization post-graduation.
  • STEM graduates can receive up to 36 months of work authorization, provided their employer is enrolled in E-Verify.

Another option is enrolling in a new university program to work under F-1 Curricular Practical Training (CPT). However, this route carries risks, including potential requests for additional evidence in future H-1B petitions. It’s crucial to thoroughly research and maintain documentation of your student status.

3. Dependent Work Authorization Tied to a Spouse’s Employment

Spouses of visa holders such as E-2, E-3, H-1B, and L-1 may be eligible for work authorization:

  • Spouses of E and L visa holders are automatically authorized to work as indicated on their I-94 document.
  • Spouses of H-1B visa holders (H-4 visa) can work if the H-1B holder has reached a significant milestone in the green card process and the H-4 spouse has applied for an Employment Authorization Document (EAD).

4. Country-Specific Visa Categories

Citizens of countries with specific trade agreements with the U.S. can benefit from specialized work visas:

  • TN visas for Canadians and Mexicans in specified professional occupations.
  • H-1B1 visas for Chileans and Singaporeans in specialty occupations.
  • E-3 visas for Australians in specialty occupations.

These visas typically do not lead directly to green cards, so continuing to enter the H-1B lottery is advisable for long-term U.S. residency.

5. E-1/E-2 Visas for Treaty Traders & Investors

Nationals from countries with U.S. treaties can apply for E-1 (treaty trader) or E-2 (treaty investor) visas. These visas apply to executives or specialized employees of companies with the same nationality as the applicant. However, like other visas, they don’t directly lead to green cards, so participating in the H-1B lottery is still recommended.

6. O-1 Visa for Individuals with Extraordinary Ability

Individuals with exceptional talent in sciences, education, arts, business, or athletics may qualify for an O-1 visa. This category includes specific provisions for PhDs in STEM fields. Similar to other alternatives, this visa doesn’t provide a clear path to a green card.

7. L-1 Visa for Intracompany Transferees

Employees of international companies with U.S. branches might qualify for an L-1 visa if:

  • The U.S. and foreign entities have a qualifying relationship.
  • The applicant has worked for the foreign entity for at least one year in the past three years.
  • The employment is in a managerial or specialized knowledge role.

8. Green Card Options

Though not an immediate solution, applying for a green card can lead to long-term U.S. work authorization. Some categories allow self-petitioning without employer sponsorship:

  • EB-1 for individuals of extraordinary ability, requiring proof of sustained acclaim.
  • EB-2 with a National Interest Waiver for individuals with advanced degrees or exceptional abilities, demonstrating that their work benefits the U.S.

By understanding these alternatives, individuals not selected in the H-1B lottery can still find viable paths to work and remain in the U.S.

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US Embassy hikes visa fees

US Embassy hikes visa fees
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Heads up! The United States embassy in the Philippines has announced that it will be increasing visa application fees starting June 17, 2023. The following are the new fees for various types of visas:

  • B1/B2 tourist visa: $185 (up from $160)
  • F1 student visa: $325 (up from $295)
  • J1 exchange visitor visa: $325 (up from $295)
  • H1B work visa: $535 (up from $455)
  • L1 intracompany transferee visa: $535 (up from $455)

The embassy says that the increase in fees is necessary to cover the rising costs of processing visa applications. The embassy also says that the new fees are still lower than the fees charged by other countries for similar visas.

What does this mean for visa applicants?

The increase in visa application fees will mean that visa applicants will have to pay more to apply for a visa. This could make it more difficult for some people to afford to apply for a visa.

What can visa applicants do to prepare for the increase in fees?

Visa applicants can prepare for the increase in fees by:

  • Starting the visa application process early: This will give you more time to save up for the application fee.
  • Consider applying for a waiver of the visa application fee: There are a number of waivers that may be available to you, depending on your circumstances.
  • Contact the US embassy or consulate in your area for more information: The embassy or consulate can provide you with more information about the increase in fees and how to apply for a waiver.

What can you do to help?

If you are concerned about the increase in visa application fees, you can contact your elected representatives and urge them to take action to lower the fees. You can also contact the US embassy or consulate in your area and express your concerns.

Unfortunately, that will take longer. If you or anyone you know have any questions about seeking a waiver for the fees, reach out to a trusted immigration lawyer.

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The US nursing shortage and why it’s an opportunity

The US nursing shortage and why it’s an opportunity
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The United States is in an undesirable place: it is facing a severe nursing shortage. 

There are currently over 1 million vacant nursing positions in the country, expected to worsen in the coming years, as the population ages and the demand for healthcare services increases.

A growing population, burnout among nurses, and the lack of diversity are contributing the shortage. But however big this crisis for the country may be, the bigger it is an opportunity for immigrants, as argued in this piece.

How Immigration Can Help

There are many reasons why immigration can help to address the nursing shortage in the United States. 

  1. Immigrants are more likely to be nurses than native-born Americans. In fact, immigrants make up about 16% of the nursing workforce, even though they make up only 13% of the US population.
  2. Immigrant nurses bring a number of benefits to the US healthcare system. They are more likely to work in underserved areas, and they are more likely to be bilingual. They also bring new perspectives and ideas to the healthcare field.

How can aspiring permanent residents take advantage of this?

If you are an aspiring permanent resident and you are interested in a career in nursing, there are a number of things you can do to increase your chances of success.

  • Get certified: Make sure you are certified as a nurse in your home country. This will make it easier to get a nursing job in the United States.
  • Learn English: English is the language of healthcare in the United States. Make sure you are fluent in English before you apply for a nursing job.
  • Network: Get to know people in the nursing field. This will help you find job opportunities and learn more about the nursing profession.
  • Be patient: It may take some time to find a nursing job in the United States. Be patient and persistent, and you will eventually find a job that is a good fit for you.

The nursing shortage is a serious problem in the United States. 

However, immigration can help to address this problem. 

If you need help and guidance on becoming a permanent resident, reach out to a trusted immigration lawyer.

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FY2023 H-1B Registration Fact Sheet for Employers

FY2023 H-1B Registration Fact Sheet for Employers
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Registration Process

To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and attorney. Registrations must be submitted between March 1 and March 17, 2023.

When you register, you must pay a non-refundable $10 fee online for each registration using the pay.gov portal. Payment can be made via ACH transfer from a bank account, a credit card, or a debit card. This fee is in addition to the filing fees you will have to pay later with the petition if the employee is selected in the cap lottery. If an attorney is filing on your behalf, please consult with the attorney about how this payment will be made.

Please note: Employers are prohibited from submitting more than one registration for the same prospective H-1B employee. If an employer or its attorney submits more than one registration for the same H-1B candidate in a fiscal year, all registrations for that candidate will be invalid. USCIS has created a tool to allow employers and their attorneys to check for duplicate registrations.

The Lottery and Filing Petitions

After the registration period, USCIS will randomly select registrations from the ones it has received and will electronically notify you or your attorney if your employee has been selected. This will happen no later than March 31, 2023. If your employee’s registration is selected, then you will have at least 90 days to file a fully prepared H-1B cap-subject petition for the employee starting April 1. If your employee’s registration is not selected, the registration will be maintained until USCIS determines that it has received enough petitions to meet the cap. Once the cap has been reached, registrations that were not selected will be updated online as “not selected.”

What Should I Do Now?

Schedule a meeting with your attorney’s office before the registration period to discuss prospective H-1B petitions and whether the job and the individual would qualify for an H-1B. You should also discuss the timing of filing your H-1B petition with your attorney. To do this, you should:

  • Gather all relevant information about the job and the prospective employee’s qualifications
  • Starting at 12:00 noon (ET) on February 21, set up an employer account on myUSCIS as an “H-1B registrant.”
  • Call your attorney’s office with any questions.

Be prepared to discuss your expectations for processing your registration and how quickly a petition needs to be filed if selected. Your attorney can also discuss options if your registration is not selected.

 IMPORTANT DATES:

  • February 21: Employers may begin creating myUSCIS H1B registration accounts
  • March 1: Registration Period Opens at 12noon (ET)
  • March 17: Registration period closes at 12:00 noon (ET)
  • March 31: USCIS conducts the lottery and electronically notifies selected registrants
  • April 1: Filing period begins for selected cases ONLY

If you have questions about the H-1B visa process, we encourage you to reach out to Tancinco Law, P.C. at 1 888 930 0808, email law@tancinco.com or schedule a consultation through our website at www.tancinco.com.

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Is 2023 the worst year to get an H-1B visa?

Is 2023 the worst year to get an H-1B visa?
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With applications skyrocketing year after year, experts are speculating that 2023 may be a bad year to apply for an H-1B visa.

For those who forgot, the H-1B is a visa in the US that allows US employers to temporarily hire foreign workers in specialty occupations.  

Granting the H-1B is based on a lottery basis, with applications that will be processed being selected at random.

According a recent Mint article, this is because of the newly launched electronic registration. It started in 2020, and since then has increased the number of applicants for H-1B visas to almost 500,000 in a year.

2023 is projected to be the biggest year yet, and yet there are only around 85,000 H-1B petition approvals.

Aside from the US economy doing well overall, enticing more applicants into the country, there have been large-scale layoffs in the tech industry, with many of those let go needing to reapply for an H-1B.  

There are also H-1B applicants who lost the lottery the previous year who are applying again.

With such tight competition for processing, the chances are bleaker than ever to get picked in the H-1B lottery.

This doesn’t mean you should give up though. There may be other ways to work legally in the United States.

For help on getting an H-1B and tips on other ways to get work authorization, reach out to a trusted immigration lawyer.

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A surplus of work-based visas ends 2022

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The United States Citizenship and Immigration Services (USCIS) reached the maximum number of people who can get employment-based visas for 2022.

Earlier this month, the USCIS announced that over 70,000 visas were left to be allocated before the end of the fiscal year, which is on September 30, 2022.

By the end of the month, the USCIS announced that almost all of these visas have reached their limits and new applicants should come back for the next fiscal year.

Why is there a surplus of visas at the end of the year?

This is because the USCIS and the Department of State (DOS) publicly committed to maximizing all employment-based visas for 2022. 

The USCIS even encouraged immigrants to apply earlier this year.

This is in keeping with the Biden administration’s thrust towards giving immigrants more opportunities to stay in the United States all while letting them contribute to the country through their work.

Will the USCIS and DOS do the same for the next year?

For immigration advice for fiscal year 2023, consult with your trusted lawyer.

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H1B Visa Registration to Start On March 9, 2021

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Every year, U.S. petitioners seeking to hire professionals who are foreign nationals undergo a lottery system to obtain H1B visas for their prospective employees. Thousands of applicants, including those from the Philippines, who are on student visas and graduated from U.S. schools and those who are foreign educated, have opportunities to apply for professional working visas as long as they are eligible. 

H1B is a professional working visa that will allow an individual to work in the United States for a specific U.S. employer and for a specific period of time. H1B visas allow workers to stay in the U.S. for up to three, or in some cases, six years and bring immediate family members with them. They also provide a pathway to receiving permanent immigrant visas or green cards.

The Lottery System

There are only 65,000 H1B visas each year plus 20,000 more reserved for individuals with master’s degrees or higher from U.S. institutions. With these limited numbers of visas, a lottery system has been put in place because there are more petitions submitted than the number of H1B visas available. Last year, there were 275,000 petitions filed which is way above the numerical limitations. 

For many years, the system was for the U.S. Citizenship and Immigration Services (USCIS) to choose randomly from among the submissions. Once it reaches its 85,000 petitions it will stop accepting petitions. It will then notify petitioners whose petitions were accepted or rejected.

The selection process changed on December 6, 2019 when USCIS announced a new electronic registrations system. This new system requires petitioner’s to register electronically (instead of filing a paper petition) with the USCIS and pay a $10 registration fee before an H1B cap subject petition may be submitted. Registration period is announced by the USCIS before actual filing takes place. Last year, registration started March 1, 2020 through March 20, 2020 or until enough registrations are reached to receive the numerical limit. USCIS then sends notices to H1B visas to those who are accepted or rejected.

The past Trump administration attempted to change the selection process.  USCIS would have prioritized H1B applications based on their wages with the workers offered the highest pay moving to the front of the line. On February 4, 2021, the USCIS announced that it will not implement this change because of technical challenges but instead will stick to the current lottery electronic registration system for the coming Fiscal Year 2022.

Registration period

USCIS announced that registration period begins on March 9, 2021 until March 25, 2021. Selected registrants by USCIS will be notified by March 31, 2021. USCIS will accept H1B petitions by April 1, 2021.

U.S. companies or businesses wishing to apply for the H1B visas for their employees need to plan early. They may contact their respective professional legal representatives to guide and assist them through the H1B process.

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Recent changes to the H1B visa program are still favorable

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The U.S. Citizenship and Immigration Services (USCIS) on November 18, 2016 published changes to the H1B program affecting highly skilled workers, and these changes took effect on January 17, 2017. Most of these changes affect those who already have H1B visas and have pending immigrant visa petitions with no available visas.

“Isabela” entered the United States on an H1B visa. She is an engineer who works on different development projects for her U.S. employer. Prior to sixth year H1B expiration, her U.S. employer was able to file a labor certification application and an immigrant visa petition. She has a priority date of 2015 on her immigrant visa petition and a visa is not yet available for Filipino nationals.

The visa bulletin for the month of February 2017 indicates that the visa priority date under the Philippines is 2011 and filing date priority date is 2013. Every year, Isabela’s employer files for a one-year extension of her H1B visa.

She heard about the changes in H1B program that took effect on January 17, 2017. Can she benefit from these changes? If she decides to leave her present employer, will she be able to use the prior approved immigrant visa if this already withdrawn by the employer? What options does she have?

No automatic revocation
In several cases where the employee decides to change employers, the first petitioning employer would take the adverse step of withdrawing the approved petition filed on behalf of an H1B visa holder. And in unfortunate cases, because of the lengthy wait for a priority date to become current, there are times where the petitioner’s business closes for valid reasons resulting in revocation of the immigrant visa petition.

With the recent amendment to the regulations, the USCIS will no longer treat an immigrant visa petition as automatically revoked based on withdrawal by the petitioner or termination of the petitioner’s business. This change applies to those whose petitions have been approved for 180 days or more. Hence, for some employers who may have malevolent plans of getting back at their employees for moving to another employer, there will no longer be an automatic revocation.

The USCIS set conditions for the non-automatic revocation to apply. The rule clearly states that as long as the approval has not been revoked for fraud, material misrepresentation, invalidation or revocation of a labor certification, or material USCIS error, the petition will continue to be valid for various purposes including (1) retention of priority dates; (2) job portability under INA §204(j) and (3) extensions of status under AC21 §§ 104(c) and 106(a) and (b).

Three-year extension after sixth year
Considering that immigrant visas are not readily available because of numerical limitations imposed by law, the H1B employee may request for a three-year extension instead of a the one-year increment. The extension request must show proof that the immigrant visa classification is over- subscribed, which is always the case for employment-based petitions (EB3) for nationals of Philippines. However, if the priority date is at least one-year current, the extension will only be for one year.

Besides the above changes in the highly skilled H1B visa program and the employment- based petitions, there are more changes that would benefit H1B visa holders. For Isabela and those similarly situated, the changes above are significantly critical especially to Filipinos who have to bear a lengthy wait before immigrant visas are made available.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook/tancincolaw, or at 1 888 930 0808 or 415 397 0808)