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Numerical limit/annual cap: There is an annual cap of 65,000 H-1Bs available every year, plus an additional 20,000 H-1Bs for U.S. master’s degree holders. U.S. Citizenship and Immigration Service’s (USCIS) fiscal year begins October 1. Therefore… Read More

The Administrative Appeals Office adjudicates immigration cases that have been appealed from a denial by USCIS. If an immigration filing is denied, the applicant or petitioner may sometimes have the option of appealing the decision, or of re-filing a… Read More

In the previous post, I reviewed the key requirements for a successful H-1B petition. The last part of that post was about how the employer must prove a need for the position. On a related note, the employer must clearly establish the employee-employ… Read More

The H-1B petition for specialty occupation workers is one of the most popular visa classifications used. However, having an H-1B petition approved is not as easy as submitting the required forms and submitting the prospective H-1B employee’s resume… Read More

H-1B filing season is upon us! There is an annual limit of 65,000 H-1B visas available every year, with an additional 20,000 visas available for U.S. master’s degree holders. Note that this cap only applies to new cases; not to H-1B transfers or ex… Read More

One of the criteria for the EB-1 alien of extraordinary ability (EB1A) and outstanding researcher or professor (EB1B) is the receipt of a national or international award (this can also be used for the National Interest Waiver petition). What does thi… Read More

1. What is an L-1 visa? The L-1 visa is a nonimmigrant (meaning not permanent residence/green card) visa. It is designed to facilitate the transfer of multinational employees from a company outside the U.S. to that same company’s office in the US.… Read More

1. I’m in a different immigration status right now. Can I change status in to L-1 without leaving the US? You may be able to. If you are in J-1 status, you must confirm with your attorney that you are not subject to the two –year home residence r… Read More