If you have TPS, don’t wait to start the application process. USCIS is currently working through a significant backlog of applicants, but it can still take months or years for applicants to complete the process. Permanent residency offers many benefits over temporary protected status. The sooner you apply for a green card, the sooner you can make the most of them. Here’s why it’s worthwhile to pursue your green card and how you can apply for permanent residency if you have TPS.

Differences Between TPS and Green Card Status

While both TPS and permanent residency allows you to remain in the US without a visa, they have some significant differences. A green card is always better if you want to stay in the US long-term. Three critical differences make a green card more appealing to most immigrants:

• Permanency: TPS is a temporary immigration status that only lasts as long as the recipient’s home country is designated unsafe by the Secretary of Homeland Security. Once that designation changes, TPS holders must leave the US. Meanwhile, green cards are permanent, and holders can remain in the US forever.
• Rights: Both permanent residency and TPS protects you from being deported or detained by the Department of Homeland Security for your immigration status. In addition, permanent residency allows you to petition for your relatives and pursue full citizenship.
• Convenience: TPS recipients must regularly reapply for the status to rightfully remain in the US. Once you receive your green card, though, you can stay in the US forever without having to reapply unless you leave the country for more than a year.

Basically, temporary protected status is just that: temporary. A green card is more permanent, grants you more rights, and is significantly less stressful once you have successfully received it.

How to Apply for a Green Card with TPS Status

Applying for a green card takes time, effort, and attention to detail. Here’s what the application process looks like if you have TPS.

Confirm Whether You Have Lawful Entry Status

Many TPS recipients did not receive the necessary entry inspection when they entered the country. They may have entered the country illegally or through a temporary visa that did not require inspection. Without this inspection, you are not eligible to apply for residency or green cards.

This is what the USCIS memorandum addresses. You can now enter and return to the US to receive the necessary inspection, making you eligible to apply for permanent residency.

Determine Grounds for Eligibility

After undergoing the necessary inspection, you still need to meet the other eligibility criteria for a green card. You will need to prove that you are:

• Married to a US citizen or permanent resident, living or deceased
• The parent of a US citizen or permanent resident over the age of 21
• Sponsored by a US employer

If you fit one of these categories, you can apply for residency with the help of the person or organization that connects you to the US.

File Sponsorship and Application Forms

Your spouse, child, or employer will submit a sponsorship form, also known as an immigrant petition. This form demonstrates that you are connected to the country and eligible for your green card. Once this sponsorship is accepted and there is an available visa, you will need to file your application for a green card with USCIS.

Attend a Biometrics Appointment

You’ll need to attend a biometrics appointment if your application is not rejected. At this appointment, you will provide your fingerprints, signature, and photo for USCIS to keep on record. This information will be connected to your record to prevent fraud.

Receive an Interview

Finally, you will attend an interview individually and with your sponsor. This interview confirms that you are honest about your relationships and reasons for immigrating to the US. If your interview is successful, you’ll be awarded permanent resident status.

Work with Litwin & Smith to Apply for Your Green Card

The new USCIS memorandum has made it possible for many TPS recipients to pursue permanent residency for the first time in years. If you want to stay in the US without worrying about your TPS being revoked, now is the time to apply for permanent resident status. You can work with the expert immigration attorneys at Litwin & Smith to streamline the application process. Schedule your consultation today to learn how we can simplify the immigration process and help you stay in the US for good.

This gives thousands of migrants the chance to become permanent residents, including many who technically entered the US illegally. It also makes both applying for temporary protected status more valuable for eligible migrants. Here’s what you need to know about TPS, how it benefits recipients, and who’s eligible for this protected immigration status in the US.

What Is TPS?

Temporary protected status is an immigration status granted to people from certain countries that the Secretary of Homeland Security designates as unsafe. Countries are considered unsafe because of issues such as ongoing armed conflicts, epidemics, natural disasters, and other temporary but severe conditions. If someone from a designated unsafe country is in the US, they can apply for TPS to avoid returning to their home country while it is actively dangerous.

TPS is by nature temporary. It is intended to allow foreign nationals to live and work in the US until they can safely return to their homes. However, many countries retain these designations for years or decades, leaving people with temporary protected status in the US for a significant portion of their lives.

This is why granting TPS holders the opportunity to pursue green cards is so important. Many people with temporary permanent status have built lives, careers, and families in the US. By providing a path to permanent residency, USCIS is ensuring that TPS recipients have the opportunity to remain in the country even after their country of origin is no longer designated as unsafe.

Benefits of TPS

TPS offers recipients three critical benefits:

• They can’t be removed from the US. Whether a TPS recipient has entered the country on a legal visa or illegally, they cannot be removed from the US once they have it. They can safely remain in the US without being detained by the Department of Homeland Security due to their immigration status.
• They can apply for an employment authorization document (EAD). Since countries may remain unsafe for months or years at a time, recipients need a way to support themselves. With TPS, they can apply for EADs that will allow them to work in the US and support themselves until they obtain a green card, another visa, or return to their country of origin.
• They can petition for travel authorization to leave and return to the US. Critically, temporary protected status makes people eligible for travel authorization. Without authorization, foreign nationals cannot leave the US and return unless they have a new visa. However, with authorization, recipients can leave for urgent humanitarian reasons like caring for a sick relative and return safely to the US afterward.

In short, eligible people can apply for TPS to live and work in the US until it is safe to leave and even to leave and return to the country if there’s an urgent need.

Who Is Eligible for TPS?

TPS is a restricted immigration status. Only people from specific countries designated by the Secretary of Homeland Security can apply. The 15 countries currently eligible are:

• Afghanistan
• Cameroon
• El Salvador
• Haiti
• Honduras
• Myanmar
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela
• Yemen

If someone currently does not have citizenship in any country for some reason but last lived in one of these 15 countries, they are also eligible for TPS.

Other eligibility requirements include:

• Continuous residence: Every country on the TPS designation list is given a residency date. All applicants must have continuously resided in the US since that date to be eligible.
• Continuous physical presence: A candidate must be physically present in the US without a break since the last time their home country was designated. That means they cannot have left the country without a travel authorization since that date. Typically, if a candidate meets the continuous presence requirement, they also meet the continuous residence requirement.
• Clear criminal record: An applicant cannot have a felony conviction or two or more misdemeanor convictions in the US to be eligible.

Apply for TPS with Qualified Legal Assistance

Getting temporary protected status may be the first step toward receiving permanent residency in the US. If you believe you may be eligible for temporary protected status, you should reach out to Litwin & Smith to discuss your situation. Our experienced immigration experts will help you determine if you’re eligible and guide you through the application process so you can safely build your permanent home in the US.

This process was in place for years, but it was halted during the Trump administration. While noncitizens were still issued temporary protected statuses in the interim, many did not receive inspections at US ports of entry, which meant that they did not technically have an official admission. Without an inspection and admission, a noncitizen is not eligible to apply for permanent residency, regardless of any other status that may make them eligible.

This significantly reduced TPS recipients’ options for gaining permanent residency in the US. Many TPS holders were initially in the country illegally, often due to overstaying their visas. As such, they did not undergo the necessary inspection and were not eligible for green cards despite receiving TPS status after entering the US. More importantly, many of these people could not leave the US because their TPS status would not permit them to return to the country, so there was no way for them to pursue the necessary inspection.

Temporary protected status does not lead to any form of permanent residency in the US. By allowing TPS holders to leave and return to the US again, USCIS is granting them the opportunity to pursue legal permanent residence. These people, who may not have a home to return to in their native country, now have a path to building a lawful, permanent home in the US.

Who Is Impacted by Simpler Immigration Regulations

Allowing TPS holders to pursue green cards allows some of the most vulnerable people in the world to find a safe haven. The federal government established this status to give foreign nationals the option to live and work in the US if their home country was considered unsafe. Currently, the US grants TPS to people from 15 countries:

Regardless of how people from these countries first enter the US, they can now work with USCIS to re-enter the country with their TPS designation and receive the official inspection that will make them eligible for a green card.

Limitations on the New TPS Green Card Eligibility

The USCIS memorandum will have an outsized effect on vulnerable populations, including illegal immigrants and refugees. Still, status as lawfully admitted is not the only requirement for a green card. TPS holders must also fall into one of the standard eligible categories to begin their application. For instance, a recipient may now be eligible for permanent residency if they are:

• Married to a US citizen
• Widow or widower of a US citizen
• Parent of a US citizen who is 21 or older
• Employed in the US by a company that is willing to sponsor them

While this limits which recipients may make use of the new green card process, it prioritizes those who have built relationships in the US.

Furthermore, TPS holders must apply for travel authorization to leave and re-enter the US. A travel authorization is granted for urgent humanitarian reasons such as visiting sick relatives or to further the social or cultural interests of the US. Without appropriate authorization, a TPS recipient who leaves the country may lose their status and will not be allowed to return.

As such, TPS holders cannot simply leave and immediately return to get their lawful admission status. Still, anyone with temporary protected status who does need to leave the country will have a better opportunity to become a permanent US citizen upon their return.

Work with Expert Immigration Attorneys to Simplify Your Green Card Application

If you’re living in the US under temporary protected status, you now have more options to get your green card. However, despite the USCIS memorandum, there are still barriers that make it challenging to qualify for permanent residency. If you want to pursue permanent residency, you should reach out to the experienced immigration attorneys at Litwin & Smith.

Our law firm has been guiding clients through the immigration process for decades. We will help you understand your options and eligibility, then support you through the application process. Call our California firm at 650-535-8052 to schedule your consultation to learn more about how we can support your green card application process in light of the new TPS regulations.

If you’ve received a Request for Evidence, don’t panic. Your H1B application still has a solid chance of approval. Here’s what you need to know about H1B Requests for Evidence, what they mean, and how to respond to them. Hopefully, you will also learn how to avoid them in the future.

What Is an H1B Request for Evidence (RFE)?

An H1B Request for Evidence (RFE) is a request sent by U.S. Citizenship and Immigration Services (USCIS) when an H1B application doesn’t contain the evidence necessary to approve it. An H1B RFE signifies that an H1B application did not include the correct documentation or that the documents provided were incomplete.

An RFE is not a rejection. H1B applications are rejected when USCIS reviews the documentation and confirms that the petitioner or recipient is ineligible for an H1B visa. RFEs are issued when the documentation is not enough to decide either way.

While RFEs are not rejections, failing to respond to them appropriately will undoubtedly lead to a denial by USCIS. Until you respond to the RFE entirely and accurately, it is considered an incomplete application and ineligible for entry into the visa lottery. That’s why it’s vital to react to RFEs correctly and resolve the issues they raise.

Reasons for H1B RFEs

Many potential issues can lead to an H1B RFE. These issues are primarily caused by incomplete documentation or a failure to support claims made in the application. The USCIS issued a report naming the most common reasons applicants receive, and the top nine problems include:

• Specialty Occupation: The application didn’t correctly prove that the role involved was an appropriate specialty occupation.
• Employer-Employee Relationship: The application didn’t demonstrate a valid employment relationship with the candidate.
• Availability of Work: The application didn’t demonstrate that they had either in-house or off-site work for the candidate for the length of the visa period.
• Beneficiary Qualifications: The application didn’t support that the recipient is qualified to perform the specialty occupation for which they are hired.
• Maintenance of Status: The application didn’t support that the recipient properly maintains their nonimmigrant status.
• LCA Corresponds to Petition: Either the applicant didn’t obtain a proper Labor Condition Application (LCA), or the LCA didn’t cover the offered position.
• AC21 and Six-Year Limit: If an H1B candidate has reached the six-year limit, they must prove their eligibility for AC21 benefits or an extension.
• Itinerary: The application required the recipient to perform tasks in multiple locations and did not include the dates and places in a proper itinerary form.
• Fees: The application fees were not correctly established as paid on time.

The consistent trend across these issues is that the application was not thorough enough. If you receive an RFE, you can still have your H1B application approved as long as you respond accurately and on time.

What to Do About an H1B RFE

You still have options if you have already received an H1B RFE. An RFE is better than a denial. With care, you can still have a successful H1B application process despite receiving an RFE.

• Make sure to answer all questions in full. The USCIS will only issue one RFE. Your application will be rejected if you miss elements or fail to answer the RFE’s concerns in full. Read the RFE carefully to make sure you understand what you need to provide and how you need to respond.
• Pay attention to detail. Since there is only one opportunity to respond to an RFE, you must do so carefully. Make sure you understand all deadlines, due dates, and other details. For instance, check carefully to find which USCIS office you must send the RFE to. Sending it to the wrong one is likely to delay the process to the point that deadlines pass and your application is denied.
• Work closely with legal experts. If you’ve already received an RFE, it’s clear that you did not provide appropriate information in your application. Get help from an experienced immigration attorney to ensure your response to the RFE doesn’t include similar errors.

Still, this work can be avoided. The best-case scenario is to submit a correct and thorough application in the first place, so there’s no need for an RFE at all.

How to Avoid H1B RFEs

Avoiding RFEs is always the simpler solution. Applications that are complete and thorough are more likely to be approved, while those that contain errors that may lead to an RFE are at much greater risk of denials or missed deadlines. To avoid RFEs, you can take a few simple steps:

Establish a Clear and Direct Job Offer

Whenever possible, you should provide complete legal documentation with your H1B application. This means writing up an official, legally binding job offer to demonstrate that you’re establishing an employer-employee relationship. This contract can also help you confirm the availability of work and the specialty occupation requirements.

Demonstrate Qualifications

Similarly, your candidate must be able to showcase their qualifications, particularly their education or experience that’s equivalent to a bachelor’s degree or higher. Transcripts are ideal, but portfolios can also work for specific fields.

Work with an Experienced H1B Immigration Attorney

The best way to keep your H1B application running smoothly and avoid RFEs is to get help from an experienced immigration attorney. Qualified immigration lawyers understand exactly what documents you need to include in your applications. They will help you ensure that your application is completed and all tasks accomplished, so there’s no need for USCIS to request any additional evidence.

Work with Experts at Litwin & Smith, A Law Corporation, to Answer and Avoid H1B RFEs

RFEs aren’t the end of the application process. With the right help, you can respond to an H1B RFE and keep your visa application on track. The expert immigration attorneys at Litwin & Smith, A Law Corporation, are prepared to help you respond to RFEs in a timely and accurate manner and avoid RFEs in your future applications. Schedule your consultation today to learn more.

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 beneficiary, your company.

The fully prepared H-1B petition, due on June 30, 2022, must include the petitioner’s Registration Selection notice. The USCIS service center where the petition should be filed is identified in that notice. Your company, the beneficiary, is the only  entity  allowed to file on behalf of the petitioner. Substitution of  beneficiaries is not allowed.

Failure to submit the petition by the June 30, 2022 deadline will result in the H1-B number being allocated to a petitioner on the wait list lottery. Again, failure to file on time will void your registration selection.

File Your H1-B Petition Early to Enable You to Remedy Any Errors

If your H1-B cap petition is rejected before the deadline, you may have time fix any errors and resubmit. Rejection after June 30 will result  in the loss of the petitioner’s H1-B cap registration.

Top 3 Issues This  H1-B Cap Filing Season

1. Specialty Occupation: The beneficiary must demonstrate that the position requires a bachelor’s degree, and that the petitioner has a degree in a field of study  related to the position.
2. Entry-Level Positions: Entry-level positions in some specialty occupation categories do not meet the standard for an H1-B. Make sure salary information and the job description are consistent with the specialty occupation criteria.
3. Third-Party Placement: USCIS must see documentation regarding the relationship between the petitioner-employer and the end third-party client. Workflow documents, contracts and correspondence should all be included to provide  a full picture of the engagement. Requirements include the employee’s identity, the position and its requirements, and the duration of the placement.

Litwin  & Smith, Taking Your Immigration Needs Seriously

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 consultation or call us at (650) 535-8052.

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 consultation or call us at (650) 588-7100.

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 will have their myUSCIS accounts updated to include selection notice, which includes details about when and where to file. Registrations will reflect one of the below statuses:

• Selected: “Selected” means that the registration was selected in the lottery. For selected registrations, employers have 90 days to complete and submit their H-1B petition to USCIS to be reviewed. The filing window began on April 1, 2022 and will end on June 30, 2022 at 12pm Noon ET.
• Submitted: Applications which have been properly submitted but not selected in the lottery will be held “in reserve” in the event that USCIS needs to hold additional lotteries (in which case, these some of these registrations may be selected to participate in the lottery). For the past two years, USCIS has conducted a second H-1B lottery in late July.
• Denied: Means multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year become invalid.
• Invalidated-Failed Payment: Means a registration was submitted but the payment method was declined, not reconciled, or otherwise invalid. Invalidated registrations are not eligible for consideration in the selection process, or if the selection process has been completed, are not eligible to support the filing of a cap-subject petition.

It’s important to remember that having a registration selected does NOT guarantee success in obtaining an H1B Visa. USCIS selects an excess number of registrations in anticipation of many of them being denied. The best way to avoid having your application denied or to avoid being issued an RFE (request for evidence) is to work with an experienced immigration attorney.

Our firm has an impeccable record of success for RFE approvals, allowing us to identify small errors that may create problems and anticipate potential challenges before you are issued an RFE.   Contact Us for a free 10-minute H-1B consultation or call us today to speak with an experienced immigration attorney.

FY 2023 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2022 (if based on a valid selected registration). For more information, visit the USCIS H-1B Electronic Registration Process page.

To speak with one of our immigration attorneys for assistance filing an H-1B petition, please contact us to schedule a 10-minute H-1B consultation.

The H-1B petition has increased in level of difficulty and the documentation required to establish the position offered or extended qualifies as a specialty occupation. We have an impeccable history of success with H-1B petition filings. Below is information about the process and our fees and costs.

The H-1B is the most often employer sponsored U.S. employment authorization and we are very successful in preparing and obtaining H-1B nonimmigrant approvals for employers and subsequent immigrant visas and green cards for their employees. We prepare hundreds of such petitions each year. We offer excellent service at a competitive price. We are known for our availability, responsiveness, timeliness, and professionalism, as well as our considerable expertise.

H-1B Cap

Litwin & Smith is registering H-1B employers and beneficiaries for the 2022 H-1B Cap Season. Our Flat Fee for H-1B registration is $500 per employer for up to 4 employees per H-1B employer submission.

If the employer is sponsoring a person who has not previously been sponsored for H-1B. The employer should know the H-1B category is subject to an annual numerical limit of 65,000 visas. Employers seeking to file FY2023 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS.

USCIS Registration Requirement, provides a new process by which employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that will require basic information about their company and each requested worker.

USCIS Federal Register Implementation, provides that the initial registration period will start on March 1, 2022 and is expected to close March 20, 2022. USCIS will then run a random selection process on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

The H-1B cap was reached last year the first week of H-1B filing. We are preparing H-1B Cap Registration filings in January or early February for the March 1, 2022 H-1B Registration period. H-1B cap registrations selected in the anticipated lottery would file H-1B petitions within 90 days of selection in the lottery. H-1B cap petition filing generally have not had premium processing available at the time of filing the last 2 years. Should there be premium processing available we will keep you informed.

H-1B Change of Employer

The good news for an employer sponsoring a person with I-94 H-1B validity the H-1B sponsored employee may begin work with a new employer upon USCIS receipt of the new employer’s H-1B petition. A person previously sponsored for H1B, but not within prior H-1B I-94 validity requires the new employer’s H-1B petition to be approved before the employee may begin employment in H-1B status.

H-1B Extension

The good news for an employer petitioning a person with I-94 H-1B validity is the H-1B petitioned employee may continue to work for the employer upon USCIS receipt of the timely filed employer’s H-1B extension petition for 240 days past the expiration of the current I-94 validity. The bad news is current processing times are more than 240 days. Some good news is a H-1B continuation of previously approved employment petition may be filed with premium processing for a decision in 15 days at this time.

Four Steps

The H-1B petition process is in four steps:

• Step 1: LCA preparation, posting, and DOL submission
• Step 2: Draft H-1B petition and company letter
• Step 3: H-1B submission with supporting documentation
• Step 4: H-1B adjudication and visa application

Additional Documentation

Start-ups, small U.S. businesses, and consulting companies require additional documentation. Additionally, positions offered to foreign nationals employees require attestations regarding, job duties, work-site, wage, and technologies, source code, and technical data made available to the employee. But, no worries. We will guide you. So, that your petition will be successful.

H-1B Specialty Occupation

To qualify as an H-1 temporary professional in a specialty occupation, there are four basic requirements that the H-1B employment require:

1. A baccalaureate or higher degree or equivalent is normally the minimum requirement for entry into the particular position;
2. Degree requirement is common in industry in parallel positions among similar; organizations or alternatively that the particular position is so complex or unique that a degree is required;
3. Employer normally requires a degree or equivalent; or
4. Nature of specific duties so specialized and complex that knowledge required to perform the duties is usually associated with attainment of degree.

H-1B Employee Qualifications

To qualify for a job offer in a specialty occupation the professional must meet one of the following criteria:

• Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
• Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
• Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

The Prevailing Wage

There is also the requirement that the employer pay the prevailing wage, which is initially obtained by filing a labor condition application.

We assist the employer to identify an appropriate occupation and wage using information provided by the employer. We will use our best efforts to assist you. However, we cannot guarantee that the occupation or wage level is one the DOL will accept should the DOL audit the H-1B wage or USCIS will accept for the H-1B petition.

H-1B petitions require the employer to file a labor condition application to be certified by the Department of Labor that the employer will pay the H-1B employee at least the prevailing wage appropriate to the occupation for the duties stated. We use the DOL OES Wage Survey from the DOL on-line flcdatacenter. The OES wage is routinely used for H-1B petitions. However, it is not the best or the only wage source available.

One alternative is an independent employer wage survey. An independent employer wage survey for the area is usually about 10% lower and may cost a few hundred dollars to a few thousand dollars. The wage survey often takes about two weeks to obtain. However, it is not the best or the only wage source available.

For the H-1B prevailing wage, only the DOL Foreign Labor Application Gateway (FLAG) System requested Form 9141 prevailing wage is a safe harbor wage. Safe harbor is the term used to refer to the DOL’s regulation that states that “In all situations where the employer obtains the prevailing wage determination (PWD) from the National Processing Center (NPC), the Department will deem that PWD as correct as to the amount of the wage.” Therefore, the employer is “safe” from investigations questioning the validity of the prevailing wage. The prevailing safe harbor wage may be obtained from the DOL by request using the DOL FLAG system (this safe harbor wage takes 2-3 months).

Employer’s Wage Responsibility and H-1B Related Fees with Costs

An employer may consider H-1B costs when negotiating the employee’s wage. But, may not pay an H-1B employee less than the wage paid to any other employee doing the same duties at the same level.

DOL regulations has three requirements regarding the wage:

1. The wage paid an H-1B worker must be at least the prevailing wage appropriate to the occupation of the position for the duties performed and may not be less than the wage paid to any other employee in the same position;
2. The employer may not require the employee to pay any H-1B related fees that reduce the wage below the required wage; and
3. The employer may not require the employee to pay the fraud fee of $500 or the ACWIA training fee of $1,500 for companies with 26 or more employees or $750 for companies with 25 employees or less. When a person is outside of the 60-day grace period following cessation of prior H-1B employment we do not recommend filing with premium processing. Still, premium processing is currently available for an additional USCIS filing fee of $2500.

Fees and Costs

Our usual attorney fee for preparing for filing the H-1B petition and supporting documentation is $2,500. While we use our best efforts to avoid a Request for Evidence by your completion of a Specialized Knowledge Table with supporting documentation. Should there be an RFE our fee for assistance in the response is $1,500. USCIS filing fees are about $1710 for companies with less than 25 employees and $2,460 for companies with 25 or more employees. Other costs include FedEx charges of about $100 and evaluations of foreign degrees as equivalent to a U.S. degree. Current USCIS H-1B petition processing times is approximately 6 months. Premium Processing for 15-business day adjudication is also available.

About Litwin & Smith, A Law Corporation

We at Litwin & Smith represent employers in most of the various industries represented around the Bay Area, throughout California, across the U.S., and around the globe. We are a prestigious immigration law firm representing large and small business clients. Our firm is a nationally recognized premiere immigration firm. We have been very successful in preparing and obtaining H-1B nonimmigrant visas for employers and subsequent immigrant visas and green cards for their employees on H-1B. We prepare hundreds of such petitions each year.

If we can be of any assistance to you or should you have any questions, please email us or call 650-588-7100.

Please be advised that our office has recently moved to a new location, it is at 6379 Clark Avenue, Suite 260, Dublin, CA 94568.

We look forward to being of assistance.

While the program’s aim to spur economic activity remains, the backlog – caused by increasing petition processing periods and the lack of a sufficient number of available visas each year – has discouraged potential investors from participating.

The backlog affects Asian investors the most

The EB5 backlog creates the most difficulties for investors from China, India and Vietnam facing “retrogression” – meaning visa applicants from those nations sometimes wait up to 16 years to receive a permanent green card.

Some experts warn the problem will get worse, predicting retrogression is likely to affect investors from South Korea, Taiwan and Brazil. The former director of the U.S. Citizenship and Immigration Services (USCIS) says it’s in America’s best interest to resolve this, as EB5 is directly linked to job creation in the U.S.

Legislative proposals fall flat

While some legislators have taken notice and proposed solutions to reduce the backlog, none has met with approval from industry participants. Some companies believe action is necessary to ensure the EB5 program’s long-term viability.

One solution calls to implement what many believe was Congress’ original intent to admit 10,000 investor families each year instead of 10,000 individuals – meaning granting visas to the investors plus all their family members who are listed on the 10,000 I526 petitions each year.

Untapped visas could also provide relief

Since 2014, all available EB5 visas have been granted. However, before that, many went unused, and some believe awarding those as well as “borrowing” from other categories, such as underutilized employment-based visas or lottery-based diversity visas, could drastically reduce the EB5 traffic jam.

While even proponents of the system aren’t certain about how to fix the problem, both political and industry advocates say the EB5 program is beneficial to the nation’s economy and that some form of legislative solution must be implemented.