U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer. Below are some frequently asked questions.
What is the H-1B program?
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.
Is there a limited number of H-1B visas that can be given out per fiscal year?
Yes. Congress set a cap of 65,000 H-1B visas per fiscal year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If you have any questions in regard to this, you may want to speak with a Miami immigration attorney.
Are there any recent changes to the H-1B policy that I should know of?
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker which requests the H–1B nonimmigrant classification. While premium processing is suspended any Form I-907 filed with an H-1B petition will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.
What else should I remember about the H-1B?
H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. The filing fee for Form I-129 has increased to $460, and petitioners no longer have 14 days to correct a dishonored payment. If any fee payments are not honored by the bank or financial institution, USCIS will reject the entire H-1B petition without the option for the petitioner to correct it. If you have any questions in regard to this, you may want to speak with a Miami immigration attorney.
If you would like more information on the H1-B visa, how to obtain U.S. citizenship, or how to obtain your green card, please contact Miami immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.