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H-1B cap-subject registration season for FY2023 is open and runs through noon Eastern Time on March 18th.  During this time period, petitioners can register beneficiaries electronically through the myUSCIS portal for $10/registration.  The number of registrations submitted is virtually guaranteed to exceed the allotted annual H-1B visas available, in which case there will be a […]

The countdown has begun.  H-1B registration opens at noon Eastern Time on March 1, 2021 and runs through March 18th at noon Eastern Time.  FY2023 petitioners must file separate registrations for each H-1B employee through the myUSCIS online registration system for a fee of $10 per beneficiary.  If the H-1B cap is met by March […]

Education issues is a perennial RFE trigger for H-1B beneficiaries.  If the beneficiary’s education is ANYTHING EXCEPT a bachelor’s degree or higher in the exact field of the H-1B job from an accredited US college or university, outright approval is unlikely without including a credential evaluation.  This evaluation must be written uniquely for the situation […]

Complex H-1B RFEs are not new, and they are not going away.  When USCIS finds one issue with a petition it triggers a closer look to find more – even if there aren’t any there!  That is how too many petitioners end up with multi-issue RFEs.  The Nightmare RFE dredges up so many issues that […]

While exact dates have not been announced, USCIS will begin accepting registrations for cap-subject H-1B visas the first week of March 2022.  Again, this year employers must register each potential H-1B employee for the lottery electronically with a fee of $10 per employee.  Then, USCIS will conduct a randomized lottery, choosing for the 20,000 Master’s […]

One of the central purposes of the H-1B visa program is to attract foreign students to US colleges and universities by offering a post-graduate opportunity to stay in the country and work specialty occupations.  The H-1B visa is a visa of dual intent which allows beneficiaries the option to pursue pathways to citizenship if they […]

The word is out!  The United States experienced a record low in population growth over 2021 and the situation is dire.  The United States workforce needs more skilled foreign workers because there are simply not enough American workers to fill the jobs needed to support programs like social security.  Declining birth rates, higher mortality due […]

This past year has seen some monumental shifts in education and work-based immigration.  As we bring in the New Year, it is important to acknowledge the peculiarities of this year in the world of immigration, and to celebrate the victories we have had in the world of visa approval and immigration reform. The number of […]

Since 2017, specialty occupation H-1B RFEs have become commonplace even for occupations that had never before run into trouble.  Here is why: In terms of H-1B eligibility, the beneficiary must work in a specialty occupation and so the burden of proof is on the petitioner to show that the H-1B job meets one of the […]