As applicants and employers navigate this complex landscape, the role of immigration lawyers has become increasingly important, not in manipulating the lottery odds but in ensuring applications are flawlessly prepared to avoid disqualification. Among these legal professionals, Litwin & Smith stands out for our remarkable success in H1B cap registration applications.
It’s crucial to clarify that lawyers do not have the ability to increase an applicant’s chances of being selected in the H1B lottery. The selection process is randomized and managed by the United States Citizenship and Immigration Services (USCIS), ensuring that all applications have an equal chance of selection, provided they meet the eligibility criteria.
Where lawyers make a significant difference is in their expertise to navigate the intricacies of immigration law, ensuring that every application is meticulously prepared and free from errors that could lead to disqualification. Common pitfalls that can result in an application being rejected include incorrect or incomplete information, failure to demonstrate eligibility, and not adhering to strict filing deadlines. Professional immigration lawyers understand these requirements in detail and can guide applicants through the process to avoid these risks.
Litwin & Smith, a reputable immigration law firm, has garnered attention for our consistent record of successful H1B registration applications. Clients represented by our law firm have an unprecedented track record of being chosen in the H1B lottery and having their applications approved. In fact, in one recent year, all but one of our clients was selected in the lottery, and all selected applicants were approved for a visa. Year over year, Litwin & Smith has had the highest success rate of H-1B Visa approvals next to all other H-1B Visa attorneys and immigration law firms in California.
While our firm cannot guarantee that a given registration is chosen in the lottery, we do understand the factors that can remove someone from consideration. Our success can be attributed to several key strategies:
Understanding that even minor mistakes can result in disqualification, Litwin & Smith conducts thorough reviews of each client’s application. This includes ensuring that all documentation accurately reflects the applicant’s qualifications and that the position offered qualifies under the H1B category, so there is no wasted time or money sponsoring an unqualified candidate.
Immigration laws and policies are subject to frequent changes, and staying informed about these changes is crucial. Litwin & Smith prides ourselves on our commitment to continuous learning and adaptation, ensuring that our clients’ applications comply with the latest regulations and policies.
Recognizing that each applicant’s situation is unique, Litwin & Smith tailors our approach to meet individual needs. This personalized strategy ensures that applications not only avoid disqualification risks but also highlight the strengths and qualifications of the applicant in the best possible light.
Effective communication with clients is another cornerstone of Litwin & Smith’s approach. By keeping clients informed about the progress of their applications and any potential issues that may arise, we ensure a transparent and collaborative process.
While the H1B cap lottery system presents an inherent challenge with its random selection process, the expertise of immigration lawyers like those at Litwin & Smith can significantly impact the outcome of registration applications. By focusing on avoiding disqualification through meticulous preparation, staying updated on laws and regulations, and adopting a personalized and proactive approach, Litwin & Smith have demonstrated a strong track record of helping clients navigate the complexities of the H1B visa process successfully.
If you are preparing for the H1B cap visa registration process, we urge you to reach out to our experienced team at Litwin & Smith as soon as possible. The registration period for FY 2025 is limited and has already begun as of March 6. Registrations are only open until March 22, 2024, so it is crucial to take action as soon as possible if you would like your candidate to be included in the H1B lottery. Don’t waste any more time – talk to our skilled H1B visa attorneys today to learn more about how we can help you register and apply for an H1B visa with fewer risks of denials.
]]>Litwin & Smith’s reputation in the field of immigration law, particularly concerning H1B visa applications, is built on a foundation of success and client satisfaction. Compared to other law firms, it frequently has a substantially higher number of registrants selected in the lottery. In fact, in a recent H1B cap lottery season, all but one registrant was chosen to apply.
The firm’s incredible track record is no accident. It is the result of years of dedicated service, a deep understanding of immigration laws and regulations, and a proactive approach to addressing potential pitfalls in the visa application process.
One of the key factors contributing to Litwin & Smith’s success in securing H1B visas for their clients is their meticulous attention to detail. The firm prides itself on its ability to avoid the common mistakes and omissions that often lead to application denials. These can range from simple clerical errors to more complex issues related to the eligibility criteria or the nature of the proposed employment.
Litwin & Smith’s approach involves a thorough review and preparation process that includes:
It’s important to consult with a legal expert specializing in immigration law to navigate the complexities of the H1B process effectively and to ensure all the requirements are met accurately to avoid any risks of disqualification.
It’s important to clarify that no attorney or law firm can increase an applicant’s chances of being selected in the H1B visa lottery. The selection process is random and automated, meaning there is no way to increase the likelihood of being chosen. The system is designed to be fair and impartial, giving each registrant an equal chance of selection.
However, working with a reputable and experienced firm like Litwin & Smith can prevent applicants from reducing their chances through avoidable mistakes. For example, our eligibility verification process ensures employers do not waste time and money sponsoring candidates who would be dismissed as ineligible for consideration in the lottery.
In addition, once an application is selected, its approval hinges on the thoroughness and correctness of the submission. This is where Litwin & Smith’s expertise becomes invaluable.
The H1B visa process is fraught with complexities and challenges that can be daunting for both individuals and employers. However, by partnering with Litwin & Smith, applicants can navigate this process with greater confidence and security. The firm’s proven track record, commitment to avoiding common pitfalls, and detailed-oriented approach provide a significant advantage in the quest for H1B visa approval. While no one can influence the outcome of the lottery, ensuring that your application is flawless and compelling can prevent unnecessary reductions in your chances. In the competitive world of H1B visa applications, choosing the right attorney can make all the difference.
]]>Central to this process is understanding that H1B cap-subject petitions cannot be filed unless there is a valid and selected H1B cap registration for the beneficiary named in the petition. With the registration period for FY2025 fast approaching, lasting from just March 6 to March 22, 2024, it’s particularly important to know how you’ll be submitting your petition. Below, we outline why it’s crucial to submit your registration and petition correctly and how partnering with an experienced immigration attorney, such as those at Litwin & Smith, can significantly enhance your chances of success.
The H1B visa cap limits the number of visas issued annually, making the application process highly competitive. The U.S. Citizenship and Immigration Services (USCIS) employs a registration system wherein employers must first register potential beneficiaries before submitting a complete petition. This system includes a selection process where registered beneficiaries are chosen at random until the cap is met. Only those with a valid and selected registration can proceed to file an H1B petition.
This process also extends to those eligible for the advanced degree exemption, providing an additional chance for applicants holding a U.S. master’s degree or higher to be selected. If not chosen in the advanced degree exemption lottery, their registrations are included in the regular cap lottery, hence the term “double dip.”
Given the complexity and competitive nature of the H1B visa application process, it’s in the best interest of both the prospective employer and the beneficiary to navigate this process as smoothly and effectively as possible. Here’s why working with an experienced immigration attorney, particularly from a reputable firm like Litwin & Smith, is advisable:
Litwin & Smith is renowned for its expertise in immigration law, with a long track record of helping employers and individuals through the H1B visa process. Our attorneys understand the stakes and intricacies of submitting H1B cap-subject petitions and registrations. By partnering with our immigration law firm, you can leverage our knowledge and experience to increase the likelihood of a successful outcome for your application. In addition, employers can make the most of Litwin & Smith’s offering of free registration to H-1B employers for the FY2025 H-1B Cap Season to reduce the overall costs of a successful application.
The H1B visa application process is fraught with challenges. However, understanding the importance of a valid and selected H1B Cap registration and the advantages of working with experienced immigration attorneys can make all the difference. Firms like Litwin & Smith offer the expertise and support necessary to navigate this complex process, providing you and your potential employees with the best possible chance of success in the H1B cap-subject petition process. Schedule your consultation with our premier immigration law firm today to start the process of registering and applying for an H1B visa.
]]>The H1B visa has an annual cap of 85,000 visas, allocated between two pools: 65,000 for applicants with a bachelor’s degree or equivalent and an additional 20,000 for those with a U.S. master’s degree or higher. The demand for H1B visas often exceeds the available slots, necessitating a lottery system to select applicants randomly.
The H1B registration period for FY 2025 begins on March 6, 2024, at noon EST and will last until March 22 at noon EST. During this period, employers will submit basic information about themselves and the prospective employees. The U.S. Citizenship and Immigration Services (USCIS) then conducts the lottery in late March and early April, and selected registrants are notified by the end of April. Selected applicants can then file their H1B petitions as of the later of April 1 or the day they are notified, for the fiscal year beginning October 1.
Employers looking to sponsor candidates for the H1B visa lottery must undertake meticulous preparation to ensure a smooth and successful application process. The H1B visa, crucial for bringing skilled foreign workers to the United States, involves a highly competitive selection process. Here’s a comprehensive guide for employers preparing for the visa lottery season:
Firstly, employers should familiarize themselves with the H1B visa requirements. This visa category is intended for occupations that necessitate a highly specialized knowledge base, typically requiring at least a bachelor’s degree or equivalent in the specific field. Understanding these requirements is crucial to ensure that the offered position qualifies as a specialty occupation.
Ensure all necessary documentation is accurate and complete. Some of the most crucial documentation you will need includes:
In addition, verify the eligibility criteria for the H1B visa, including specialty occupation requirements and employer-employee relationship.
USCIS now requires employers to register electronically before the lottery and submit basic information about their company and each prospective H1B employee. This system simplifies the initial phase of the H1B visa process but requires attention to detail to ensure accuracy.
Navigating the complexities of H1B visa applications can be challenging. Engaging with an experienced immigration law firm like Litwin & Smith can provide applicants and employers with a strategic advantage. The right lawyer can provide valuable guidance through the process, from initial registration to filing the petition, help ensure that all documents are compliant with USCIS requirements, and advise on strategy and compliance issues.
Given the competitive nature of the H1B lottery, it’s wise to have a contingency plan. Consider alternative visa categories for beneficiaries not selected in the lottery, such as L-1 visas for intra-company transfers, O-1 visas for individuals with extraordinary abilities, or TN visas for Canadian and Mexican citizens under the USMCA.
Immigration policies and procedures can change. Employers should stay informed about any updates or changes to the H1B process, either through direct communication with USCIS, consulting with their immigration attorney, or monitoring relevant news sources.
By following these steps, employers can significantly improve their preparedness for the H1B visa lottery, enhancing their chances of successfully sponsoring skilled foreign workers. The support of a knowledgeable immigration attorney can be invaluable in navigating the complexities of this process, ensuring compliance, and optimizing the strategy for H1B visa applications.
Litwin & Smith is a renowned law firm specializing in immigration law, with a proven track record of assisting clients through the H1B visa process. Here’s how they can assist:
The firm provides comprehensive guidance on preparing and filing registrations and petitions, ensuring compliance with all USCIS requirements. Their expertise can help avoid common pitfalls that lead to rejections or delays. Similarly, they can keep track of critical deadlines for registration, application submission, and any follow-up actions required, ensuring that companies meet all USCIS timelines efficiently.
Attorneys assist in preparing and filing the LCA with the Department of Labor, ensuring that it accurately reflects the job offer and complies with wage requirements and working conditions. They guide compliance with all federal regulations, including wage obligations, workplace conditions, and non-discrimination practices, to prevent any legal issues that could arise during or after the H1B process.
The immigration attorneys at Litwin & Smith review and ensure the accuracy and completeness of all documents required for the H1B petition, including company documents, job descriptions, and the beneficiary’s qualifications.
Our team will conduct a thorough analysis of the candidate’s eligibility for the visa based on education, work experience, and the job offer to ensure the position qualifies as a specialty occupation. We can help accurately classify the job position according to USCIS criteria, advising on how to present the job duties and requirements to meet the definition of a specialty occupation.
Our attorneys can guide companies through the new electronic registration process, ensuring that all information is correctly entered and submitted within the designated timeframe. We may also advise on the legality and strategy of submitting registrations for related entities or affiliates, ensuring compliance with anti-fraud provisions.
If USCIS issues a Request for Evidence (RFE) for a petition, Litwin & Smith attorneys can craft a comprehensive and compelling response that addresses the agency’s concerns, thereby increasing the chances of approval.
In cases where the H1B lottery selection does not favor the applicant, immigration attorneys can advise on alternative visa categories that may be suitable for the candidate, such as L-1, O-1, or TN visas. Our team is dedicated to helping companies develop contingency plans to manage the workforce effectively, regardless of the visa lottery outcome.
Immigration attorneys at Litwin & Smith stay abreast of changes in immigration laws, policies, and procedures, advising companies on how these changes may impact their H1B visa applications.
From the initial consultation through to the submission of your H1B petition and beyond, Litwin & Smith ensures clear and continuous communication, keeping clients informed about their application status and any developments in immigration policy that may affect their case. This ensures clear and constant communication with your company throughout the H1B process, providing updates, answering questions, and offering guidance at every step.
By leveraging the expertise of experienced immigration attorneys, companies can navigate the H1B registration and application season more effectively, minimizing risks and maximizing the chances of success in the highly competitive H1B visa process. For applications that face additional scrutiny or require appeals, Litwin & Smith provides robust representation, leveraging their legal expertise to advocate on behalf of their clients.
The H1B cap lottery is a highly competitive process, with thousands of applicants vying for a limited number of visas. However, with careful preparation, thorough documentation, and the guidance of experienced legal professionals like Litwin & Smith, applicants can enhance their chances of being selected in the lottery and successfully obtaining an H1B visa. As we look forward to FY2025, it’s essential to start preparing early and stay informed about any changes to the process or requirements. That’s why Litwin & Smith offers FREE REGISTRATION to employers who choose to work with. Learn more about our discounted rate for early registration and how we can assist you with your company’s H1B registrations and applications by scheduling your consultation today.
]]>However, with the annual cap on H1B visas and the introduction of a lottery system due to overwhelming demand, it’s more important than ever for employers to start their preparations early for the 2025 H1B cap lottery. This year, the registration period will last from March 6 to March 22 – just fourteen days. Here’s what you need to know about the importance of timely preparation, what information employers need to gather, and the importance of enlisting an experienced attorney in this process.
Identifying which employees to sponsor for an H1B visa is the first critical step in the preparation process. Employers should conduct a thorough review of their workforce needs and consider which positions are most crucial for their operations and long-term strategic goals. Candidates should not only meet the H1B eligibility criteria, including holding a bachelor’s degree or higher in a specific specialty that is directly related to the job position, but they should also align with the company’s vision and contribute significantly to its success.
The H1B visa application process requires detailed documentation for both the employer and the prospective employee. Employers need to gather information regarding the candidate’s eligibility, including their:
In addition, employers should be prepared with a complete and accurate job description, Labor Condition Application, and documents demonstrating the company’s need for the specialty occupation. Starting this collection process early can help avoid delays and ensure that all paperwork is accurate and complete, thereby reducing the risk of application denials.
Preparation doesn’t stop at candidate selection and document collection. Employers must also understand the registration and application process. This includes being aware of key deadlines, such as when the registration period opens and closes (March 6 to March 22), and the subsequent steps following a successful selection in the lottery. Creating an internal timeline that outlines when decisions must be made, budgets for legal and filing fees, and preparing for possible Requests for Evidence (RFEs) can streamline the process and enhance the chances of successful visa approvals.
Navigating the complexities of the H1B visa process can be challenging, especially with changing immigration policies and regulations. That’s where the expertise of an experienced immigration attorney becomes invaluable. An attorney can provide guidance on the latest requirements and legal standards, assist with the preparation of the petition, and offer representation in communications with the U.S. Citizenship and Immigration Services (USCIS). Moreover, legal professionals can help address any issues that may arise, such as responding to RFEs, thereby significantly improving the odds of a successful outcome.
At Litwin & Smith, we specialize in assisting employers and candidates with the H1B process from start to finish. Employers may authorize Litwin & Smith to complete their company registration with basic information about their company and each requested H-1B cap beneficiary registrant. Furthermore, we offer early registrants a discounted rate on our services; the earlier you seek our experienced assistance with the registration process, the better.
The preparation for the 2025 H1B cap lottery is a multifaceted process that demands early and comprehensive planning. By carefully reviewing potential candidates, gathering necessary information ahead of time, understanding the lottery process, and enlisting the help of experienced legal counsel, employers can navigate this complex landscape more effectively.
The effort invested in planning and preparation not only maximizes the chances of securing H1B visas for top talent but also reinforces the company’s commitment to fostering a diverse and innovative workforce. Now is the time to act to ensure your organization is well-positioned for the 2025 H1B cap season. If you wish to streamline the process and ensure your registration is submitted on time, we encourage you to contact Litwin & Smith as soon as possible. Our experienced attorneys can assist you with collecting information and submitting accurate registrations on behalf of your candidates, but time is of the essence. Schedule your consultation today to ensure your business does not miss the opportunity to sponsor potential employees for H1B visas.
]]>In this context, we’re excited to announce a special offer for employers who choose to work with Litwin & Smith during the H1B process — free registration services. Here’s how attorneys, including ours, facilitate the H-1B visa lottery registration and how you can benefit from our early registration discount.
The H-1B visa allows U.S. employers to employ foreign workers in specialty occupations temporarily. Due to the high demand and a cap on the number of visas issued annually, USCIS conducts a lottery to select the petitions that will be processed.
To be considered for the lottery, candidates must be registered by employers or their agents within a narrow window. For FY2025, all registrations must be submitted between noon EST on March 6 and noon EST on March 22, 2024. Here’s what the process looks like, complete with changes from last year’s proceedings.
Attorneys begin by assessing the candidate’s eligibility, ensuring they meet the criteria for a specialty occupation. This involves a detailed review of the candidate’s educational background, work experience, and the job offer from the U.S. employer to ensure it qualifies under H-1B visa requirements.
Attorneys assist employers in filing a Labor Condition Application (LCA) with the Department of Labor, which is a prerequisite for the H-1B petition. The LCA confirms that the employer will pay the prevailing wage for the position in the geographic location where the job is located and that employing H-1B workers will not adversely affect the working conditions of U.S. workers similarly employed.
During the registration period, attorneys submit electronic registrations on behalf of each candidate sponsored by their employer. This involves providing basic information about the company and each prospective employee. USCIS then conducts the lottery to select registrations that will be eligible to file H-1B cap-subject petitions.
This year, USCIS has made substantial changes to how registration accounts will work. The agency is launching new “organizational” accounts as of February 28, 2024, and upgrading all prior extant accounts on the same day. These accounts allow multiple representatives of an organization to work jointly on applications rather than requiring one individual to see the entire process through. However, the need for accuracy and attention to detail remains as important as ever.
If selected in the lottery, attorneys prepare and file the H-1B petition with USCIS on behalf of the employer and the candidate. This stage requires compiling extensive documentation to prove eligibility and compliance with H-1B requirements. As of 2024, H-1B petitions may finally be filed online.
To encourage timely and efficient registrations, our law firm offers a $30 discount to clients who engage our services for early registration. This offer is designed to:
To avail of the early registration discount, we encourage potential clients to contact our firm well before the H-1B registration window opens. This allows sufficient time for preliminary assessments, LCA filing, and preparation for the registration process.
Navigating the H-1B visa lottery registration requires careful planning and attention to detail. By partnering with our experienced immigration attorneys, candidates, and employers can streamline this complex process. Free registration for employers is an incentive to get started on this path as soon as possible, ensuring the best possible preparation and peace of mind. Contact us today to learn more about how we can assist you with your H-1B visa registration and help you take advantage of this special offer.
]]>The H1B cap refers to the annual numerical limit imposed by the U.S. Congress on the number of new H1B visas that can be granted in a fiscal year. The H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, finance, engineering, mathematics, science, medicine, etc.
The regular H1B cap is set at 65,000 visas per fiscal year. This cap applies to all eligible H1B visa applicants who do not qualify for the advanced degree exemption. In addition to the regular cap, there is an exemption for holders of U.S. master’s degrees or higher, known as the Master’s cap. This exemption allows for an additional 20,000 visas to be granted to individuals who have earned a master’s degree or higher from a U.S. institution of higher education. This is intended to prioritize the retention of highly educated foreign workers in the U.S.
Certain H1B Visa petitions are exempt from the annual cap:
The cap is a critical aspect of U.S. immigration policy affecting employers and prospective employees, shaping the availability of skilled foreign workers in the U.S. labor market each year.
The H1B season is the period during which U.S. Citizenship and Immigration Services (USCIS) accepts petitions for the upcoming fiscal year, typically starting on April 1. Due to the high demand for these visas, which often exceeds the available cap, USCIS uses a lottery system to select the petitions that will be processed randomly. If the number of applications exceeds the cap limit, the lottery is conducted first for the regular cap. All unselected applicants with a U.S. master’s degree or higher are then entered into the lottery for the Master’s cap.
The H1B season timeline outlines the annual process for submitting H1B visa petitions to the U.S. Citizenship and Immigration Services (USCIS), starting from registration to the final submission of petitions. This timeline is crucial for both employers and prospective workers to understand and prepare for the visa application process. Here’s an overview of the typical H1B season timeline:
Employers begin identifying potential candidates, gathering necessary documents, and preparing for the electronic registration process. It’s also a good time for candidates to ensure they meet eligibility requirements and have all their documentation in order.
USCIS opens the H1B registration period typically in early March. During this period, which usually lasts for at least two weeks, employers (or their authorized representatives) must submit electronic registrations for each candidate they wish to sponsor for an employment visa. A nominal fee is required for each registration.
Once the registration period closes in late March, USCIS conducts a random lottery if the number of registrations exceeds the annual cap limits (65,000 for the regular cap and an additional 20,000 for the advanced degree exemption). USCIS first conducts the lottery for the regular cap and then for the Master’s cap from the remaining registrations that qualify for the advanced degree exemption but were not selected in the regular cap lottery.
USCIS notifies employers (and their representatives) about the selection results through their online accounts. Selected registrations will receive information on when and how to file the complete H1B visa petition.
Employers of selected candidates can begin filing the full visa petitions with USCIS on April 1. There is typically a 90-day window to file these petitions. This stage involves submitting detailed documentation, including evidence of the beneficiary’s qualifications, the job offer, and the employer’s ability to pay the prevailing wage.
Selected petitions undergo the USCIS review process. The processing times can vary, and employers may opt for premium processing to expedite the review of their petitions. If approved, the H1B visa allows the foreign professional to commence employment at the start of the U.S. federal government’s fiscal year.
The start date for the new H1B visa employment is October 1, the beginning of the U.S. government’s fiscal year. Beneficiaries of approved petitions can start working for their sponsoring employer from this date, assuming all other prerequisites (such as visa stamping for candidates outside the U.S.) have been completed.
This timeline is subject to changes and adjustments by USCIS, and both employers and candidates need to stay informed about any announcements or modifications to the process.
Preparing for the season is crucial for both employers and prospective employees to enhance their chances of success in the highly competitive visa process. Here are strategies and tips for preparation:
Both employers and employees should start preparing well in advance of the H1B cap season to ensure a smooth and timely application process. Collaboration and clear communication between both parties are key to navigating the application process successfully.
Navigating the H1B cap season requires careful planning, timely action, and a deep understanding of the process. For both employers and foreign professionals, the assistance of experienced immigration attorneys can be invaluable in achieving a successful outcome. As the global talent pool continues to expand, the visa remains a key component of America’s economic and technological growth, making the cap season a critical period for many in the international community.
If you have more questions about H1Bs, Litwin & Smith offers a complete guide to the H1B Process for employers. If you’re already preparing, our skilled immigration attorneys are available to assist you. Schedule your consultation today to learn more about how we can support you during the H1B cap season.
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.
It is anticipated that this year H-1B Lottery will have less beneficiary registration making increasing chances of selection.
Litwin & Smith is registering H-1B employers and beneficiaries for the 2024 H-1B Cap Season (FY 2025). Our Flat Fee for H-1B registration is $600 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 FY 2025 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee (expected to change) 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 6, 2024, and is expected to close March 22, 2024. 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 6, 2024 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 has 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.
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 H-1B, 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.
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.
Start-ups, small U.S. businesses, and consulting companies require additional documentation. Additionally, positions offered to foreign nationals’ employees require attestations regarding, job duties, worksite, wage, and technologies, source code, and technical data made available to the employee. But, no worries. We will guide you. So, your petition will be successful.
To qualify as an H-1 temporary professional in a specialty occupation, there are four basic requirements that the H-1B employment require:
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; or
• 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.
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 safe harbor 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).
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.
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 $2805.
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.
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 lcoronel@litwinsmith.com or feel free to call our office at 650)588-7100.
Please be advised that our office is located at 6379 Clark Avenue, Suite 260, Dublin, CA 94568.
We look forward to being of assistance.
]]>The Form I-9, Employment Eligibility Verification, is a mandatory document used by employers to verify an employee’s identity and authorization to work in the U.S. Employers are legally required to complete and retain an I-9 form for each individual they hire for employment in the United States. The I-9 form helps employers ensure that they are hiring individuals who are authorized to work in the U.S. Employing unauthorized workers can result in severe penalties.
ICE is responsible for enforcing the laws related to the employment of unauthorized workers. They conduct audits to ensure that employers comply with these laws. During an audit, ICE will review an employer’s I-9 record keeping to ensure all I-9 forms are completed and maintained correctly.
Non-compliance with I-9 requirements can lead to serious consequences for employers. Penalties can range from monetary fines to criminal charges, depending on the severity of the violations. These penalties are not just limited to knowingly hiring unauthorized workers but also include failing to properly complete, retain, and produce the forms upon request.
Employer immigration responsibilities for I-9 compliance are multifaceted and critical to ensure legal employment practices, especially when hiring foreign nationals. Here are the key aspects of immigrant employee verification that employers need to consider:
Employers often face challenges in maintaining I-9 compliance, particularly in understanding the complexities of immigration laws and the nuances of acceptable documentation. There’s also the challenge of keeping up with changes in legislation and ensuring that all HR staff are properly trained in the processes for hiring foreign nationals, such as recognizing approved work authorization documentation and using e-Verify correctly.
An experienced immigration attorney can be an invaluable asset in navigating the intricacies of I-9 compliance. Here’s how they can assist:
By diligently addressing these aspects, employers can significantly reduce the risk of legal issues and penalties associated with non-compliance with I-9 requirements.
Maintaining I-9 compliance is not just a legal necessity but also a critical aspect of responsible business practice. Employers should view the I-9 employment verification process as part of their commitment to ethical employment practices. By partnering with a skilled immigration attorney, businesses can ensure that they not only comply with the law but also protect their workforce and reputation.Remember, I-9 compliance is an ongoing process, and with the right guidance and expertise, it can be seamlessly integrated into your business practices. Learn how to hire foreign nationals while complying with I-9 requirements with expert legal help by scheduling your consultation with Litwin & Smith today.
]]>The H-1B visa has an annual cap of 85,000 visas, divided into two categories: 65,000 visas for applicants with bachelor’s degrees (or equivalent) and an additional 20,000 visas for those with master’s degrees or higher from U.S. institutions. People who may be eligible and motivated candidates for these visas include:
In 2020, USCIS implemented a system requiring employers to electronically register with USCIS and pay a nonrefundable fee for each H-1B candidate registered because the number of registered H1B Cap candidates exceeds the available annual 85,000 H1B visas. USCIS then uses these registrations while it employs a lottery system to select the registrants randomly and permit them to apply.
The H-1B lottery traditionally begins in the first week of April. However, the initial step, the registration process, typically starts in March. In FY 2025, the registration period will run from March 6, 2024, to March 22, 2024. It is highly unlikely that registrations submitted after this deadline will be considered for the FY 2025 H1B season cap.
To ensure that a registration is entered, employers must complete an online registration for each candidate they wish to sponsor and pay the associated fee. It’s crucial to do so within the registration window, as missing it can mean waiting another year.
Those selected may submit an H1B petition for an October 1 employment start date. Litwin & Smtih has an incredible history of successful H1B cap registrations and is available to help employers and candidates ensure that their registrations are submitted in a timely fashion.
Every year can bring changes in regulations and trends. For the upcoming season, it’s essential to stay informed about any policy changes under the current administration. Some key updates include:
Given the competitive nature of the H-1B visa program, it’s vital to prepare a robust application. This includes ensuring that the job description aligns with the specialty occupation requirements, the beneficiary’s qualifications are thoroughly documented, and the employer-employee relationship is clearly established. Attention to detail can make a significant difference in the outcome.
This is particularly important because the H-1B process can be unpredictable. Employers and applicants should be prepared for possible Request for Evidence (RFE) notices, which require additional documentation to prove eligibility. Having a contingency plan, like considering alternative visa options, can be wise.
The H-1B cap season is a complex and competitive process, requiring thorough preparation, timely action, and a deep understanding of immigration laws and policies. Whether you’re an employer looking to sponsor a foreign worker or a professional seeking opportunities in the U.S., it’s important to approach this season with a well-informed and strategic plan.
For personalized guidance and assistance with the H-1B visa process, consider consulting with an experienced immigration attorney at Litwin & Smith. Our skilled immigration lawyers can provide valuable insights, help navigate the complexities of immigration law, and increase the chances of a successful outcome in this highly competitive arena. Schedule your consultation with our proven immigration law firm to learn more about how we can help you prepare for FY2025’s H1B cap season.
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