H Visa Blog Entries

I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:

4 June 2014 UPDATE:  H-4 EAD will NOT be restricted to STEM.

Please see this entry for more information. We will update you as more information becomes available.

https://www.linkedin.com/today/post/...-entrepreneurs

Please visit my LinkedIn article posted this morning for a brief explanation on this issue:
https://www.linkedin.com/today/post/...?trk=prof-post 

I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehensive-immigration-reform

COMMENTS FROM IMMIGRATION.COM

We have just received our first H-1 quota receipt notice. That indicates the H-1 lottery is concluded.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

Some folks are predicting that H-1 quota may last a lot longer than just April.

Remember also, if there is a lottery, ALL cases received by and including 5 April will be included in the lottery. As the regulation 8 CFR 214.2(h)(8)(ii)(B) states: 

Premium Processing for Cap-Subject H-1B Petitions to Begin April 15, 2013

Released: March 15, 2013

WASHINGTON: U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.