FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

San Francisco Immigration Law Blog

USCIS Restores Path to Green Cards for TPS Holders

In a significant win for people with Temporary Protected Status (TPS), the federal government has officially reinstated a significant process that will allow them to apply for green cards. US Citizenship and Immigration Services (USCIS) has announced that it will once again permit TPS holders to leave and re-enter the US to receive an official inspection and admission to the

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H1B Request for Evidence: What You Need to Know

The two most well-known results of H1B applications are simple: approvals and denials. However, there’s a third possible response your H1B application may receive. In some instances, you may receive a “Request for Evidence” from USCIS. This is neither an approval nor a denial; it’s a sign that your application wasn’t complete. If you’ve received a Request for Evidence, don’t

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2023 H-1B Lottery Winners Must Submit Petition By June 30, 2022

The U.S. Citizenship and Immigration Services H1-B visa lottery has ended and the petition submission phase for those who were selected has begun. After USCIS H1-B visa registrations are marked “Selected,” those lottery winners will be able to download a PDF of the H-1B cap Registration Selection notice. This document includes detailed information about both your employee (the petitioner) and the

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FY2023 H-1B LOTTERY PETITIONS MUST BE FILED BEFORE JUNE 30

On Tuesday, March 29th, USCIS announced that they have received enough registrations to reach the H-1B cap (including the master’s cap). US employers must file H1B petitions for those selected in the H1B lottery before June 30. To speak with one of our immigration attorneys for assistance filing an H-1B petition, please contact us to schedule a free 10-minute H-1B

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USCIS Announces Record Number of H-1B Cap Registrations for FY2023

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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