Preparing for the upcoming FY2021 H-1B Cap Season

Preparing for the Upcoming FY2021 H-1B Cap Season

As of April 1, 2020, the yearly slots available for the H-1B employment visa for specialty occupations will become available. These visas are exclusively for “specialty occupations,” and the available allotment is expected to be much lower than demand, as has been the trend for many years.

Because of the high demand for H-1B visas, employers are encouraged to identify employees or prospective employees who may need an H-1B visa now, to get started on the application process. 

Having everything ready will help get your application submitted as soon as an H-1B applicant is selected from this year’s new H-1B registration-lottery system and the application submission window opens to submit required paperwork.

Who Qualifies for an H-1B Visa?

When assessing company needs, employers may consider the following types of employees as good candidates for H-1B visas as long as the potential new employee is qualified to work in a specialty occupation:

1. F-1 visa students with degrees that are required to work in a specialty occupation

2. L-1 employees experiencing long green card delays

3. Former J-1 trainees who you would like to retain on a more permanent basis

Keep in mind that H-1B visas are specifically for “graduate-level” workers (meaning a U.S. bachelor’s degree or higher or the foreign equivalent) in specialty occupations. These occupations require expertise that is not necessary for other types of jobs. 

(Note: Certain foreign workers who are working with the U.S. Department of Defense may qualify to apply for H-1B2 visas while individuals who are international fashion models of prominence may apply for H-1B3 visas.)

Typical H-1B fields include:

  • Technology
  • Finance
  • Accounting
  • Science 
  • Medicine
  • Engineering 
  • Architecture

Starting the process now will put you in a good position to apply when the flood gates open at the end of March.  

H-1B Caps in FY2021: What to Expect

Keep in mind that anyone who does not get a slot in the current lottery will have to wait to apply for available spaces next year. 

The United States Citizenship and Immigration Services (USCIS) has implemented its new registration system this year, which will affect H-1B visas obtained in FY2021. 

Under this new system, there is no need to submit a full application before the lottery. Instead, employers will only need to submit a simple online registration for each employee.

This year’s initial registration period will be from March 1 through March 20, 2020.

Once the submissions reach 85,000, the USCIS will conduct a computer-generated lottery to select registrants. If an employee is selected, the employer must submit a complete H-1B application within the next 90 days.

Preparing for FY2021 H-1B Registration

The new H-1B registration system requires employers to electronically register in order to be able to submit a registration for the H-1B visa in FY2021. 

The employer must also pay the new $10 registration fee for each H-1B beneficiary employee that is registered. The registration period is set to open March 1, and employers should create a game plan with a licensed immigration attorney so that everything will be ready at the appropriate time.

Get Help with an H-1B Visa Application

To learn more about what you should do to get electronically registered and prepare for H-1B registration this March, give our team a call now to schedule a consultation. 

David Hirson & Partners, LLP, can walk you through all of the steps you need to get ready for submitting your H1-B registration today. 

Tel: +1-949-383-5358                Web: www.Hirson.com               Email: info@hirson.com

This blog post is general information and is not legal advice.

TEA Designation changes for EB-5 program

New Rules for Targeted Employment Area (TEA) Designations in the EB-5 Immigrant Investor Program

Targeted Employment Area (TEA) Designations for EB-5 Projects [infographic]

On July 24, 2019, the Department of Homeland Security published the final rule for The EB-5 Immigrant Investor Program Modernization. The final rule for The EB-5 Immigrant Investor Program Modernization went into effect on November 21, 2019.

However, this new rule still leaves some uncertainty and risks, particularly with Targeted Employment Area (TEA) designations. TEA designations are important because a project that is designated as being in a TEA can accept EB-5 investors at the lower investment amount of $900,000.

 

Changes to TEA Designations EB-5 Program

USCIS changing immigration application fees

USCIS Changing Immigration Application Fees

EB-5 Immigrant Investor Program: New Regulations [infographic]

On November 21, 2019,  new regulations went into effect, dramatically altering the EB-5 Immigrant Investor Program. Here’s what you need to know:

 

New regulations for EB-5 Immigrant Investor Program

Breaking Down the New “Public Charge” Rule [infographic]

The U.S. Department of Homeland Security (DHS)  proposed a final rule, drastically redefining the definition of “public charge,” while expanding the list of public benefits that could render many immigrants inadmissible for entry into the U.S.

Originally set to go into effect on Oct. 15, 2019, multiple lawsuits across the U.S. along with Federal judges in New York and California have ordered a nationwide block.

Scroll down to see what could change should this final ruling go into effect.

Breaking down the new public charge rule

DHP Partner Eric Dominguez Supports Hispanic National Bar Association’s Corporate Counsel Division at Pathways to the In-House Counsel Role Event

Hispanic National Bar Association event

On October 17, 2019, Attorney Eric Dominguez, Partner at David Hirson & Partners, LLP (DHP) and Region 18 President of the Hispanic National Bar Association, attended the Hispanic National Bar Association’s Corporate Counsel Division and Region 18 along with the Latina Lawyers Bar Association and the Mexican American Bar Association for a discussion on transitioning to an in-house position. This event allowed attendees to learn from a distinguished panel of speakers who spoke on topics, including: how to market your skills and how to leverage your professional network in order to identify potential opportunities. The featured speaker for the event was the Honorable Manuel P. Alvarez, the Commissioner for California’s Department of Business Oversight.

Attorney Dominguez and DHP continue to support the Hispanic National Bar Association’s goals of empowering the Latino community and legal profession.

Contact us for more information on U.S. immigration issues and to see how we can help you with your immigration goals.

Tel: +1-949-383-5358                            Web: www.Hirson.com                                          Email: info@hirson.com

David Hirson & Partners, LLP Proud Supporter of Orange County Korean American Bar Association’s 14th Annual Installation Dinner

Evelyn Hahn and Jessie Park with Honorable Judge Richard Lee at OCKABA Installation Dinner on October 10, 2019

On October 10, 2019, Attorney Evelyn Hahn, Partner at David Hirson & Partners, LLP (DHP) and Jessie Park, DHP’s Director of Client Relations – Korea, attended the Orange County Korean American Bar Association’s (OCKABA) 14th Annual Installation Dinner at Kia Motors America’s headquarters in Irvine, California. OCKABA was established in 2005 to foster professional and personal relationships among Korean American attorneys, provide pro bono legal services to the Orange County Korean American community, promote the appointment of Korean American judges, and facilitate the efforts of Korean American law students to navigate the transition to licensed practice.

This year, OCKABA honored the Honorable Judge Richard Lee, who is the first Korean American judge to be appointed to the Superior Court of Orange County. Mr. Don Liu, the Chief Legal and Risk Officer for Target Corporation, was the keynote speaker for the event. DHP is proud to have sponsored OCKABA’s Annual Installation Dinner for the past several years. Attorney Hahn has been an active member of OCKABA and has participated in OCKABA Foundation’s Pro Bono Clinics and volunteering legal services. David Hirson & Partners, LLP will continue to support the Korean American legal community by volunteering legal services and supporting various OCKABA events.

Attorney Hahn heads DHP’s dedicated Korean practice group and is regarded as a trusted source for numerous immigration matters. Contact us today to schedule a consult regarding you and your family’s immigration pathway.

Tel: +1-949-383-5358                            Web: www.Hirson.com                                          Email: info@hirson.com