Tag: working visa

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It’s Layoff Season for Tech Industry Workers

Its Layoff Season for Tech Industry Workers
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What options do terminated H1B employees have?

In prior years, there was usually a lot of excitement building up towards the period when the US Citizenship & Immigration Service (USCIS) opens the period for accepting H1B petitions. But this year is different. 

Beginning last quarter of 2022 up to the present, giant tech employers have been announcing mass layoffs of thousands of their employees citing economic uncertainty and fear of a coming recession. While there are no exact figures of how many are holders of H1B visas among those who were terminated, we are receiving a lot of inquiries by terminated H1B holders on what options they have to continue staying in the United States.

Generally, an H1B visa holder must leave the U.S. before the end of 60 days from date of termination. But if the worker is not ready to depart,  what are the available options to allow them to continue to stay in the United States?

  1. Find a new U.S. employer. A terminated H1B visa holder may apply for a new job with a different employer.  This new employer must be filed before the 60 days expire. 
  1. Negotiate with the Current Employer. Being laid off comes as a surprise to many and usually it is a sudden news that is received by a terminated employee, i.e. no advance notice. But if a Notice of Termination is already received, depending on the company policy, one may negotiate for an extended termination date until the H1B employee finds a new employer in exchange for a lower severance pay. This is just an option as many H1B visa holders find that maintaining status is more a priority than the amount of severance pay.
  1. Change Status. If the deadline to leave the country is fast approaching and  the negotiation for extended termination date is not granted, consider filing for a change of status for either a visitor visa (B2) or a student visa (F1). Or, the H1B visa may also be changed to an O1 visa which will also permit the individual to work. The standards for O1 are different from an H1B, thus requiring an advice/analysis from a legal counsel. This application for change of status must be filed within the 60 day grace period.
  1. Adjust Status. This situation is specific to those who have a U.S. citizen fiancé or are already in a relationship. They may want to consider marriage and have their spouses petition them. A simultaneous petition and adjustment of status may be filed.
  1. Consider forming a Start Up Entity. An investor visa (temporary or permanent) may be an option for a terminated H1B visa holder who has the capacity to invest in a new U.S. entity and meets the eligibility requirements set by pertinent regulations.

Realizing that thousands of talented foreign nationals are affected by these mass layoffs, there are venture capitalists and or other smaller firms, who may be sympathetic and willing to hire these H1B employees.

When all options have been exhausted and there is no such luck, or perhaps, there is not enough time to change status or find a new employer within the 60 days period, it may be best to consider leaving the United States in order to preserve one’s option of returning in the future without any negative consequence. 

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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10 Immigration Issues Important to Filipino Immigrants in 2023

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Family reunification and better economic opportunities are still the most significant considerations for immigrating to the United States. Intending immigrants or those who want to work in the United States also face several challenges. Below are just a few of the many important issues that are either beneficial or are drawbacks to Filipino immigrants.

1. Visa Backlogs and Lengthy Waits

Priority for issuance of visas  to immediate relatives of U.S. citizens is the current policy of the U.S. Department of States. So in 2022,  we have seen more visas being issued under this category which includes parents, minor children and spouses of U.S. citizens. Fiance petitions by U.S. citizens have also benefited from this priority preference.

Unfortunately, those who do not fall under this priority preference experience lengthy waits before they are called for interviews. The U.S. Department of State reported that as of December 2022, there are globally 377,953 who are classified as documentarily qualified and only 33,406 have been scheduled for interviews. The interviews are being scheduled according to date of completion of submission of documents to the National Visa Center. So the earlier the documents and forms are submitted the sooner that the visa applicant may be added to the queue,

2. Retrogression of EB3 Other Workers- “Caregivers” 

In the last couple of years, the priority dates for other workers under the third preference employment based category for Filipinos have been current. When a priority date is current, that means that visas are available. Hence, many unskilled workers including our health caregivers were issued visas under this category. Unfortunately, in May 2022 of this year, this visa category retrogressed to June 2020.. There will be a couple of more years of wait but the good news is that the filing chart allows for the processing of visa petitions with priority dates of June 2022. 

3. Registered Nurses and Physical Therapists

Registered Nurses, Physical Therapists and other allied health care workers other than those mentioned under the other workers category are still “current” for purposes of filing and final issuance of visas.  

This year, there was a proposed legislation for the elimination of the numerical per country quota. If this is going to be re-introduced again the visas under the EB3 category will be severely impacted.  Healthcare professionals looking to have their visas issued must get their applicant processed without further delay to avoid being affected by any future legislation.

4. Waiver of Interviews of Non-immigrant Visas At the U.S. Embassy

The State Department waived most nonimmigrant visa interviews for individuals renewing visas that expired in the last 4 years, and it authorized interview waivers for many work visa applicants. Included in this waiver of interview are visitor (B1/B2)  visa holders. About half of all nonimmigrant visa applicants no longer need a visa interview. This has helped to partially recover the backlog of nonimmigrant visa processing. This policy shall remain in place until December 2023.

5. Human Trafficking Awareness & Immigration Relief

In California, at least 2 cases of human trafficking and labor exploitation were filed against Filipinos. Unfortunately, their victims are also from the Philippines. The latest one is the case in San Francisco where a couple was charged with exploiting and trafficking a woman who took care of their child. Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency.  There has to be an awareness on the part of U.S. employers on what constitutes human trafficking and individuals must learn to assert rights against traffickers to prevent becoming victims of  inhuman and degrading  treatment by unscrupulous individuals.

On December 27, 2022, President Biden signed the “Countering Human Trafficking Act of 2022,” which codifies and expands the Department of Homeland Security’s (DHS) Center for Countering Human Trafficking (CCHT). The bill authorizes $14 million to carry out the Act and ensures that the CCHT is staffed with at least 45 employees to carry out the Department’s critical work to combat human trafficking.   

6. Public Charge Rule

In March 2021, President Biden rescinded a public charge rule that, in effect, banned most family sponsored  immigrants with low incomes. 

On December 23, 2022, a new final rule on public charge went into effect. Under the new rule, it is safe for immigrants and their families to use health, nutrition, and housing programs for which they qualify. Health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services.

Only those deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Immigrant visa applicants must consult with their legal counsel on how this new public charge rule will benefit them in their applications.

7. Availability of H2B Temporary Working Visas 

Unlike other countries,  U.S. immigration law has very  limited numbers of temporary visas that are available to non-agricultural unskilled workers. In December 2022,  Biden administration increased the numbers of H2B visas to 64,716  for Fiscal Year 2023. About 44,700 visas are allocated to returning workers who received H2B visas during the last 3 years. These additional visas are available this winter and summer of 2023.

A few years back Filipinos were banned from receiving H2B visas but this suspension has already been lifted. U.S. employers may avail this type of visa for certain temporary and seasonal occupations such as restaurant/hospitality, maintenance, construction, landscaping among others.

8. Returning Green Card Holders

Three years into the pandemic and there are still green card holders who “overstayed” in the Philippines and have not returned to the United States. Those who stayed beyond one year outside the United States are considered to have abandoned their residence unless a returning resident visa is obtained from the U.S. Embassy. Not all returning resident visa applicants are approved and it is important to obtain legal counsel to determine what factors may be raised to increase the chances of returning to the United States. 

9. Legalization or Registry

During President Biden’s first month in office, he expressed his intention to address the issue of unauthorized immigrants and he shall propose a pathway to citizenship. More than 11.5 million unauthorized immigrants are still awaiting for legalization. And because of lack of bi-partisan majority in U.S. Congress who will support this bill, no legislation has been passed yet. 

Will there be a legalization? Hopes for the passage are dwindling away..until, a proposal for a modification of registry date is seen to have offered a ray of hope. If the registry date is modified (through legislation) from 1972 to 2012, at least 6.8 million undocumented may be eligible to apply for green cards. Registry allows certain non-citizens who are long term residents of the United States, but who are either undocumented or present in the country under some sort of temporary immigration status to register as lawful permanent residents. 

10. DACA

About 28,000 Filipino DREAMERS may be eligible for an initial application for Deferred Action on Childhood Arrivals (DACA) according to the data gathered by the  Migration Policy Institute. But on October 5, 2022  the 5th Circuit Court of Appeals ruled that the DACA program was unlawful and sent the case back to the lower court to consider the Biden’s administration’s new DACA regulations On October 14, Judge Hanen partially blocked the DACA regulation from going into effect.

While DACA initiative has provided deportation protections and work authorizations to over 800,000 of people who arrived in the United states as children, this temporary solution has been hanging in the balance and faces multiple legal challenges with administrative attempts to end the program. DREAMERS were brought by their parents at a very young age and did not make the decision to come and live in the United States. They grew up and identify themselves as Americans. Giving them a path to citizenship is long overdue. Thus, this 2023,  it is more urgent for Congress  to pass a permanent solution to protect and defend our DREAMERS.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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The H-1B visa: A pathway to work for healthcare workers

The H-1B visa: A pathway to work for healthcare workers
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Application for the H-1B visa is around the corner as the new year of 2023 is fast approaching. This year, the H-1B registration ran from March 1 to March 18. Let’s talk about how it works and if you or someone you know can qualify for it and can even benefit from its cap exemption.

This may benefit those especially in the healthcare industry.

Understanding the H-1B

The H-1B visa is known to be for professionals in general, but what is commonly understated is how healthcare workers can apply for this visa. 

The H-1B visa is a temporary visa for professionals in specialty jobs that typically require a bachelor’s degree or an equivalent. The US employer (not the worker) must file a petition, and if granted, the H-1B will be valid for 3 years and can be renewed for 3 more years.

The cap you need to know

Since there are so many professionals who seek the H-1B visa yearly, the United States government has placed a cap on the number of people who can get them. To decide who to give the H-1B to, they hold a visa lottery – choosing who gets the visa randomly.

The H-1B visa lottery is limited to 65,000 H-1B visas for each fiscal year, with an additional 20,000 saved for people holding a master’s degree or higher from a US institution. 

Before you even start stressing about the H-1B lottery, it’s important to understand which jobs qualify for this visa. Only specialty occupations qualify for an H-1B, which means that the job requires a bachelor’s degree or higher (or its equivalent in work experience) in a specialized field like IT, engineering, or medicine. But, not every medical job is eligible for an H-1B.

Which healthcare workers are eligible for H-1B visas?

While a majority of health care works are educated and specialized, only some types of health care jobs qualify for an H-1B visa. The three main categories of healthcare jobs that qualify for H-1Bs are nurses, physical therapists, and physicians. Here’s what you need to know about each category.

Nurses

As far as nurses go, generally only nurse practitioners, nurse administrators, and nurse managers are generally qualified for an H-1B. Why not RNs? Well, registered nurse (RN) positions normally require only a two-year degree, so RNs don’t meet the standard educational requirement for an H-1B. However, there have been instances where RNs with really specialized knowledge and perhaps an accompanying certificate, e.g. an emergency room cert, may qualify.

Physical therapists 

Because a bachelor’s degree is generally a minimum standard requirement for this kind of work, physical therapists are generally eligible for an H-1B visa. Foreign physical therapists must, of course, have a bachelor’s degree or equivalent, have their educational credentials verified through FCCPT, and obtain a US state PT license. 

Physicians

Doctors may apply for an H-1B visa to participate in a residency program, teach or conduct research, and work at a healthcare facility. Each doctor must pass the three-step examination for medical licensing through the United States Medical Licensing Examination (USMLE). This test examines clinical knowledge, clinical skills, and includes a spoken English assessment. 

There are approximately 127,000 immigrant physicians in the US who account for nearly a quarter of all the country’s licensed physicians. A majority of these doctors come from India, the Caribbean, Pakistan, Philippines, and Mexico. As you can see, the US relies heavily on foreign-born physicians. 

Can healthcare workers be exempted from the cap? 

Yes.

Some hospitals and health care systems qualify for an H-1B cap-exemption. This allows USCIS to approve H-1B visa petitions for some professions beyond its 85,000 annual cap, and applications for such positions can be filed during any time of the year.

A qualifying nonprofit institution of higher learning or a qualifying nonprofit affiliated with an institution of higher learning can be cap-exempt. H-1B cap-exempt health care categories include:

  • Institutions of higher education (colleges and universities)
  • Non-profit entities related to or affiliated with institutions of higher education
  • Nonprofit research organizations
  • Federal government research organizations
  • State and local government research entities

A healthcare organization, such as a hospital, can be cap-exempt if it can prove it’s related to or affiliated with an institution of higher education. This nonprofit relationship or affiliation can take the form of ownership or board control, or even formal research cooperation.

Unsure about how you can get an H-1B visa? Consult your trusted immigration lawyer.

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Updates

2021 Year In Review: Top 10 U.S. Immigration Issues Affecting Filipino Immigrants and Families

2021 Year in Review - Top 10 US Immigration Issues Affecting Filipino Immigrants and Families.
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Two years since the start of the pandemic, reality has already set in not just in our personal lives but also in the immigration front. With the surge in the different variants of covid, we are nowhere close to returning to normal.

To recap this year’s top immigration issues, we are summarizing a few of the key changes that happened this year.

1. Filipino World War II Veterans Parole Program (FWVP) Is Alive

On top of my list is the FWVP program that will benefit certain family members of Filipino World War II veterans who were naturalized as U.S. citizens under the Immigration and Nationality Act of 1990. 

After a proposal to terminate the FWVP program under the past Trump Administration, the U.S. Citizenship and Immigration Services reversed its proposed termination. On September 29, 2021, USCIS published on its website that it will continue the FWVP program. Current parolees who benefited from the program may continue to apply for extensions. Also, it announced that USCIS is accepting new FWVP applications.

Although it is continuing the FWVP program, USCIS mentioned the unpredictability of the processing time adjudicating the FWVP parole at the U.S. Embassy in view of the COVID-19 pandemic closures.

2. Vaccine Mandate for Travelers

On November 8, 2021, the Biden administration implemented a policy for international air travelers flying into the U.S. from most countries. It now requires all non-U.S. citizens and nonimmigrant travelers to have been fully vaccinated prior to boarding a plane to come to the United States.

According to CDC, you are considered fully vaccinated:

  • 2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine;
  • 2 weeks (14 days) after your second dose of an accepted 2-dose series COVID-19 vaccine;
  • 2 weeks (14 days) after you received the full series of an “active” (not placebo) COVID-19 vaccine in the U.S.-based AstraZeneca or Novavax COVID-19 vaccine trials; or
  • 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.

There are exceptions to this rule. First, travelers who are under the age of 18 are exempted from this requirement. Instead, minors aged 2 to 17 must test negative prior to departure. Second, persons who have a pertinent medical condition are exempted. Third, people from countries with less than a 10% total vaccination rate due to lack of availability of vaccines are also exempted. CDC’s website is providing and constantly updating the list of such countries with limited vaccine availability. However, they must agree to be vaccinated within 60 days of arrival in order to enter the U.S.

These new vaccine rules do not apply to U.S. citizens, U.S. nationals, or U.S. lawful permanent residents.

Unvaccinated travelers — whether U.S. citizens, lawful permanent residents, or the small number of exempt unvaccinated foreign nationals — will now need to test within one day of departure.

3. COVID-19 Hate Crime Act Passed Into Law

In response to the rising cases of Anti-Asian rhetoric and hate crimes impacting our community, President Biden signed into law on May 20, 2021 the COVID-19 Hate Crimes Act (Pub L.117-13). This new legislation addresses hate crimes throughout the COVID-19 pandemic.

It includes critical provisions to expand language access and allow for culturally competent and linguistically accessible public education campaigns to reach communities targeted by hate with information regarding reporting and support services. It improves data collection and law enforcement policies on identifying, investigating, and reporting hate crimes, provides grants for state-run hotlines for reporting and connection to support services, and creates opportunities to restore communities and address the root causes of hate crimes through alternative sentencing for offenders. Investing in better quality data and reporting infrastructure are vital in addressing racial equity for the long-term.

4. DACA Update

The past Trump administration attempted to end the DACA program but the U.S. Supreme court  overruled the effort in 2020. In July 2021, a Texas federal judge barred the USCIS from processing new requests for DACA protections. As a result of the ruling, no new DACA applications are being adjudicated by the USCIS.

The Biden administration nonetheless moved to codify the program in a regulation to give it a stronger foundation against legal attacks.

Those who had prior DACA protections may continue to avail of deportation relief and work permits. Efforts to pass a legislation that will afford a pathway to citizenship to hundreds of thousands of unauthorized immigrants who were brought to the U.S. as children did not materialize this year.

5. Trump’s Public Charge Rule Rescinded

Public charge rule determines if immigrants should be denied green cards or prevented from entering the United States because they may become financial burdens on the government.

In 2019, former President Trump released a “wealth test” public charge rule with very restrictive requirements and extensive documentation. This Trump’s rule is no longer in effect since March 2021 when a court order vacated the Trump’s Public Charge final rule. Instead, USCIS is using inadmissibility rules based on public charge using USCIS 1999 guidance in applications for admission and adjustment of status.

On August 23, 2021, DHS published an Advance Notice of Proposed Rulemaking and is seeking public input on how to craft the new public charge ground of inadmissibility.

6. Foreign Worker’s Spouse Work Permits

In November 2021, spouses of certain foreign workers in the U.S. won a victory when a settlement was reached by their lawyers and the U.S. Citizenship and Immigration Services over its policies for issuing employment authorizations.

Pursuant to the settlement, USCIS agreed to change its policies regarding work permits for those who are eligible for H-4 and L-2 visas based on their partners’ status as H-1B specialty workers or executives transferred to the U.S. The H-4 visas are for spouses of H-1B visa holders, and the L-2 visas are for spouses of executives holding L-1 visas.

Those who hold L-2 visas will be allowed to work in the U.S. by default, and those with H-4 visas will be eligible for an automatic extension of their current work permits for up to six months if they satisfy certain criteria, according to the settlement agreement.

7. No More Mass Worksite Raids

The Biden administration announced on October 12, 2021, that it would no longer conduct “mass worksite enforcement operations” which means raiding workplaces to arrest undocumented workers. This announcement puts an end to the Trump-era policy.

U.S. Department of Homeland Security Secretary Alejandro Mayorkas said that such shift is to focus more on “employers who exploit the vulnerability of undocumented workers” than migrant workers. He added that undocumented workers have been victimized by human trafficking, child exploitation, substandard wages, and impose unsafe working conditions only because of their lack of immigration status. Secretary Mayorkas also shared that by prioritizing workplace enforcement against “unscrupulous employers”, “the American labor market, the conditions of the American worksite, and the dignity of the individual” can be protected most effectively.

As a result of this shift in workplace enforcement, it is expected that undocumented worker would speak out against unjust treatment and exploitation without fear of arrest and deportation, as previous worksite enforcement operations have led to the arrests of hundreds of workers at once.

8. Waiver of Interview at the U.S. Embassy Manila for Certain Non-immigrants

Repeat travelers to the United States may, under some circumstances, renew their visas without appearing at the U.S. Embassy for an interview.  To avail of the Interview Waiver , an applicant must have a B1/B2, F, M or J nonimmigrant visa that expired within 48 months from date of renewal and must meet certain qualifications. If eligible an applicant for renewal may be able to drop his/her visa application at a 2GO courier office location.

9. Backlog of Immigrant & Non-immigrant Visa Interviews at the U.S Embassies

COVID-19 resulted in a severe backlog of immigrant cases waiting for interviews. An immigrant visa applicant who is declared “documentarily qualified” by the National Visa Center may have to wait longer for a scheduled interview because of the backlog of cases.

Worldwide, there were 461,125 applicants pending interviews in the month of November 2021. Of this number, only 28,964 were scheduled for interviews by the U.S. Embassies worldwide. The rest remains pending.

The U.S. Embassy in Manila schedules interviews following a 4-tier guideline as follows:

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
  • Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  • Tier Four: All other immigrant visas, including employment preference and Diversity Visas

Nonimmigrant Visa (NIV): 

The US Embassy continues to prioritize travelers with urgent (i.e. matter of life and death) travel needs, foreign diplomats, and certain mission-critical categories of travelers, such as students and exchange visitors (F-1, M-1, and J-1) and temporary employment visas (H-1B, H-2B, and L nonimmigrants). Visa appointments and processing for B1/B2 (Business/Tourist) have resumed at significantly reduced levels.

10. Philippines EB3 Preference Category Priority Date Remains Current

For more than a year now, and as may be observed from the latest December 2021 visa bulletin issued by the Department of State, visa applicants under the employment-based third preference (often referred to as EB3) category visa remains current.

 When a priority date for a visa petition is current, it means that the visas are available.

There are a significant number of Filipino professionals who are beneficiaries of existing EB3 petitions. But we also know that there are many more Filipino nurses and physical therapists who are already pre-certified and can immediately take advantage of this visa availability. Schedule A occupations are those jobs for which there are not a sufficient number of U.S. workers who are able, willing, qualified, and available to fill the number of available jobs that exist in the United States, and the wages and working conditions of U.S. workers similarly employed will not be affected by the employment of foreign workers in Schedule A occupations.

Other health care workers such as licensed vocational nurses (LVNs), licensed practical nurses (LPNs), certified nurse assistants (CNAs), as well as nurses’ aides and caregivers do not qualify for Schedule A precertification. However, they may still qualify and benefit under this concurrent filing if they have approved Labor Certifications or PERMs.

Our Renewed Hope for 2022

In his first year of office, President Biden made modest changes to US immigration policy but we have also been waiting to see legislation that provides a pathway to citizenship for the millions of unauthorized immigrants.

While President Biden unveiled his immigration reform, the U.S. Citizenship Act of 2021 which included an 8-year path to citizenship for millions of unauthorized immigrants, no significant movement has been made in Congress. This bill has yet to be voted on by the House and the Senate. While the Democrats attempted to include immigration provisions in the Build Back Better Act, this bill was never passed by the Senate. To make matters worse, Senate parliamentarians opposed the inclusion of the immigration measures on a spending bill.

While Democrats are in control of both the House and the Senate, it is so hard to to pass any bills due to a very divided Congress with very partisan issues dividing both. The Senate requires 60 votes to pass a bill and with the 50-50 split between Democrats and Republicans, passing any legislation is no easy task. Nevertheless, the new year brings new hope and new beginnings. Happy New Year to all!

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law P.C., a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website www.tancinco.com.)

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Updates

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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Updates

3 million US work permits, work visas and green cards issued

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Over 3 million foreign nationals were issued with US work permits, working visas [including L-1A and L-1B visas and H-1B visas] and green cards [including EB-1, EB-2 and EB-3] according to the most recent data available, published by the Congressional Research Service for 2013.

In 2013, Mexican, Chinese and Indian nationals were granted most of the 3 million work permits, working visas and green cards issued that year. 2014 numbers are yet to be disclosed, but the 2013 statistics highlight that US work permits and visas continued to be granted in record numbers according to congressional sources and figures provided to the Washington Free Beacon – a right wing online newspaper.

Numbers are inclusive of 1 million green cards which allows you to stay in the US permanently and work, 1 million employment based non-immigrant visas for foreign workers [such as the L-1 visa, and E-1 and E-2], plus 1.2 million work permit authorizations for foreign nationals. Tightening immigration restrictions.

The emergence of figures showing a continuous increase in the number of L-1, E-1 and E-2 visas and green cards being granted comes at a time when a debate is taking place within Congress about tightening immigration laws due to security concerns. In the aftermath of recent terror attacks the debate has intensified.

As of 2014, figures published by the US Bureau of Labor Statistics, show that the overall number of foreign workers in the US reached 26 million.

All Green Card Holders can work

An excerpt from a Congressional Research memo states: “All foreign nationals who gain lawful permanent resident status in the United States are eligible to work, regardless of what preference category or class they entered through.”

Obama Immigration Reforms and Refugees

The Obama administration wishes to make reforms to work permits and visas, as well as allowing approximately 10,000 Syrian refugees to relocate to the US.

US Senator Jeff Sessions, who is opposed to the resettling of refugees in the US, says that ‘the costs associated with resettling refugees and granting them welfare benefits have not been offset.’ However this may actually be wrong. Studies in Denmark and in a number of other Countries suggest that in the long term refugees are frequently beneficial to the economy of a Country. In many cases they create jobs and have a positive effect on local wage rates. The US has benefitted greatly in the past by accepting refugees.

Half of Americans want reduction in US immigrant population

Studies carried out by the Pew Research Center – an impartial US think-tank based in Washington – revealed that about half of Americans want a reduction in immigration.

We note that some “right wing” publications may have exaggerated the percentage of Americans who are anti-immigration. We have tried to be accurate. We hope we do a better job at reporting immigration related news stories than many of the other news sites.

Most immigrant workers are Hispanics or Asians

According to the most recent labor statistics, US work permits are mostly granted to Hispanics and Asians who account for the largest percentage of foreign nationals in the US workforce. 48.3 per cent of the foreign-born labor force in 2014 consisted of Hispanics, while 24.1% was made up by Asians.

Get help with US work visas

If you would like to apply for a US work visa – including L-1 visas, E-1 and E-2 visas, and H-1B visas – WorkPermit.com can help. WorkPermit.com is a specialist visa consultancy with over twenty-seven years of experience dealing with visa applications. We can help with a wide range of visa applications to your country of choice. Please feel free to contact us for further details.