Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1.
Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute H-1B consultation.

Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

San Francisco Immigration Law Blog

USCIS Announces Record Number of H-1B Cap Registrations for FY20232

USCIS announced that they have received 483,927 Registrations for the 2023 H1B Cap, surpassing last year by almost 180,000—nearly a 60% increase! According to USCIS, 31% of the submissions were made under the U.S. Master’s Cap, for which there are 20,000 dedicated visas. USCIS has selected 127,000 registrations in anticipation of filling 85,000 H-1B Cap spots. Those with selected registrations

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The FY2023 H-1B Lottery Has Been Completed

On Tuesday, March 29th, USCIS announced that they have received enough registrations to reach the H-1B cap (including the master’s cap). Prospective petitioners that have been selected through the lottery process should have received a notice from USCIS stating their eligibility to file an H-1B cap-subject petition for the beneficiary named in their selected registration. Registrants should login to their

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FY2023 H-1B CAP NON-IMMIGRANT WORKER PETITION

The H-1B allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations. For candidates who have not been previously approved for H-1B employment, their H-1B petition requires employer pre-registration. Below is the information. The H-1B petition has increased in level of difficulty and the documentation required to establish the position offered or extended

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Does the EB5 Visa Program Need A Tune-Up?

Congress created the EB5 visa program in 1990 as a tool to encourage foreign investments while giving immigrant investors the ability to attain lawful permanent residency and boosting the U.S. economy. However, critics say the program’s backlog discourages foreign investment. While the program’s aim to spur economic activity remains, the backlog – caused by increasing petition processing periods and the lack of

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3rd 2022 H1B Lottery Selection

USCIS recently determined the need to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, USCIS selected additional registrations from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and

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Court Rules in Favor of L-2 and H-4 EAD

On September 23, 2021, Plaintiffs filed a putative class action alleging, pursuant to the Administrative Procedure Act (“APA”), that USCIS unlawfully withholds employment authorization incident to status to L-2 Plaintiffs. The suit also alleged that USCIS unlawfully withholds automatic extensions of employment authorization for H-4 Plaintiffs. The court’s decision issued on November 10, 2021, states the following: H-4 Nonimmigrants Receive

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Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic

The Biden Administration’s policy is to implement science-based public health measures across all areas of the Federal Government to prevent the further introduction, transmission and spread of COVID-19 into and throughout the United States, including from international air travelers. These measures include testing and mask-wearing, which are critical strategies to limit the spread of COVID-19 from asymptomatic and pre-symptomatic individuals,

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COVID-19 VACCINE ADVISORY

Individuals submitting Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021, must provide proof of vaccination against COVID-19. Most applicants filing for adjustment of status to become a lawful permanent resident with U.S. Citizenship and Immigration Services (USCIS) or an immigrant visa application with Department of State (DOS) must submit Form I-693 completed by

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Considerations when seeking an employment-based adjustment of status

EB backlogs have long wait times for applicants around the world. Applicants from India and China, in particular, may have been caught in a decades-long wait. While you’re waiting for your priority date to become current, it is important that you maintain nonimmigrant status. You may be considering an employment-based adjustment of status. Options The American Competitiveness in the 21st

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