Most H-1B applicants qualify through a BA or higher degree, and this requirement must be met as of the day of filing. This year, H1B applications will be accepted from April 2, 2018 – April 6, 2018. The fact that you will have your degree by the time you actually start the job in October is irrelevant. USCIS will [Read more…]
Determining which job category and wage level are appropriate for an H1B case depends on a number of factors, including job duties, seniority of the position, company size, unusual skills required, current USCIS RFE trends, etc. I’m providing the following description of how to find a prevailing wage for a particular job category and geographical location for general informational purposes only. Hopefully this will give you the tools needed to get a rough idea of the range of wages that might be required for a particular position, but you still need to consult with an attorney for advice on the optimal category and wage level for your position.
Let’s get started! [Read more…]
In a new attempt to further the “Buy American, Hire American” policy initiative, the Trump administration appears to be considering new regulations that would limit the ability of H-1B workers with long-pending green card applications to extend H-1B status beyond the usual six-year limit.
Here’s my takeaway: unlimited one-year extensions are not presently in danger, but the executive branch may [Read more…]
Yesterday, President Trump signed the Presidential Executive Order on Buy American and Hire American, which includes a section addressing changes to the H-1B program which would give preference to H-1B petitions based on salary and skill level. Despite the fanfare with which this provision was announced, in reality, it merely calls on various agencies to “suggest reforms,” and does nothing to change the current system.
The text is limited to ordering the executive brach to make suggestions because when it comes to changing the way H-1B visas are allocated, that is all the executive branch has the power to do. Only Congress can change the way H-1B visas are allocated. To understand why this is so, you need to know a few basics about [Read more…]
Yes. Even an early stage startup with just one or two employees can sponsor an H1b visa. You can be sure, however, that the application is going to get significantly more scrutiny than an application filed by a large, established company. When a startup sponsors and H1b visa, these are the areas of the application that need to be especially well-documented: [Read more…]