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My Law,LLC Immigration Law Firm WebSite: www.mylawllc.com E-mail: attorney@mylawllc.com Phone: 1-(630) 903-9625

Monday, April 17, 2017

USCIS received 199,000 H-1B petitions during the filing period

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap.

As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

* Extend the amount of time a current H-1B worker may remain in the United States;
* Change the terms of employment for current H-1B workers;
* Allow current H-1B workers to change employers; and
* Allow current H-1B workers to work concurrently in a second H-1B position.

My Law, LLC                                            
Immigration & Tax Law Firm
Phone: (630) 903-9625
1230 E. Diehl Rd. Suite 106
Naperville, IL 60563

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Saturday, March 4, 2017

Trump Temporarily Suspending Premium Processing for H-1B

The U.S. Citizenship and Immigration Services (USCIS) announced that it would start accepting the H-1B visa applications for the fiscal year 2018 beginning October 1, 2017, from April 3. 

It also announced the temporary suspension of the premium processing of H-1B visas beginning April 3. “This temporary suspension will help us to reduce overall H-1B processing time,” the USCIS said. By temporarily suspending premium processing, the USCIS has said that it will be able to process long-pending petitions, which they have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years.

Monday, February 13, 2017

Trump’s H1B Visa Immigration Reform


President Donald Trump is considering a new way of distributing the H-1B visa to ensure they go to the "best and brightest. This draft executive order might open the door to major reforms of the H-1B and the Optional Practical Training programs.

The draft executive order calls for "an investigation of the extent of any injury to U.S. workers caused by the employment in the United States of foreign workers admitted under the nonimmigrant visa programs," which includes the H-1B program. Specifically, it asks the Department of Homeland Security (DHS), which oversees immigration, to "consider ways to make the process for allocating H-1B visas more efficient and ensure that beneficiaries of the program are the best and the brightest.

Friday, July 15, 2016

Six to Ten Year Wait for Chinese EB5 Investors

Currently, only Chinese investors who applied for EB-5 visa before February of 2014 can get their Green Cards now--so the waiting time for those investors is 2 years and 4 months. But this waiting time keeps increasing because over the last two years several thousands of new EB-5 applications have been filed, which is many more times than yearly EB5 visa quota. What is the waiting time for Chinese EB-5 investors who are planning to apply this year?
There are approximately 40,000 Chinese EB-5 petitions pending and an additional 20,000 approved petitions awaiting visa availability--that is total of 60,000 people waiting in line. If all of the 10,000 annual EB5 quota was used by the Chinese investors, it would take at least 6 years wait for a Chinese investors applying now. However, other countries made up 15% EB5 investors last year, and that percentage is likely to increase to over 50% as the Chinese EB-5 market collapses due to long wait times and as other markets rise. If 50% of the EB5 applications in a year come from non-Chinese investors, that means that number of visas available for Chinese investors could shrink to 5000 per year, resulting in almost 12 years wait for Chinese investors investing now.

Thursday, June 16, 2016

Another Company Owes Back Pay to H-1B Worker

An Administrative Law Judge (ALJ) of the Department of Labor (DOL) has ordered Medical Dynamic Systems Inc to pay back pay to a H-1B worker of more than $59,000 in fees and back wages for violating the H-1B visa laws. The ALJ said the health care staffing company must pay Philippine national Vicente D. DeDios the $3,600 he unlawfully paid in connection with his H-1B visa processing and an additional $55,587 in back wages.

Tuesday, April 26, 2016

Premium processing for cap-subject H-1B

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. 

Friday, April 8, 2016

USCIS Reaches FY 2017 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has once again received more than enough H-1B petitions within the first five business days of the fiscal year 2017 filing period to reach the annual cap of 85,000 new visas. It is the fourth consecutive year requests outstripped supply in less than a week, triggering a lottery. 
Demand for the visas, which plunged during the recession, began to rise again in 2011. The visas are initially approved for three years and can be extended for another three. Such visa extensions don’t count toward the cap.

H1B 2017 Lottery Details :

Friday, January 22, 2016

New eligibility requirements for travel under the VWP and Terrorist Travel Prevention Act Frequently Asked Questions

What is the Visa Waiver Program (VWP)?

The VWP permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.

Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies. The VWP, administered by the Department of Homeland Security (DHS), in consultation with the State Department, utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests. It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.