Posts in Basics Series
H-1B Cap FAQs - FY2024

When will I find out if my registration was selected in this year's lottery?

ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.

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H-1B Cap FAQs - FY2023

When will I find out if my registration was selected in this year's lottery?

ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.

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There's Visa Bulletin movement: should you downgrade or interfile?

With priority dates from the Visa Bulletin constantly jumping ahead or retrogressing, a common question from employees and employers is about the idea of “downgrading” and the possibility of “interfiling.” In this post, we will discuss what they are and lay out some of the lesser-known considerations in considering whether to pursue them or not.

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4 Common Pitfalls Employers Make on the PERM Job Description

… In the real world, companies have different recruitment philosophies. In some cases, they recruit competitively, seeking the most qualified candidate for their open positions with laundry lists of “desired” qualifications listed. In other situations where the competition for talent is fierce, companies go with a very lax initial qualifications list, hoping to attract as many candidates as possible initially to cast a wide net.

Enter the twilight zone of PERM labor certification, where the DOL cares about one thing and one thing only, and that is that the PERM recruitment is based solely on the actual minimum requirements for the job. Below, we list out a few of the most common pitfalls.

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B1 Visa for Professional Workers?

The B1 in lieu of H1B nonimmigrant visa status provides a special exemption to the work restrictions that typically apply to the B1 business visitor. This exemption allows foreign professionals working in specialized occupations who would otherwise be eligible for an H-1B visa to perform productive work on a B-1 visa, so long as the work is being performed for the benefit of their foreign employer.

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Immigration Basics Series: O-1 Extraordinary Ability

The O-1 visa is a nonimmigrant work visa reserved for those who have distinguished themselves through extraordinary achievements in the areas of science, art, education, business, or athletics. It allows foreign nationals with demonstrated national or international recognition in these fields to work in the United States for a short-term basis. Foreign nationals in science, education, business, or athletics receive O-1A visas, while those in the arts or in the motion picture and television industry receive O-1B visas.

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Immigration Basics Series: TN Professional Worker

The TN visa is a nonimmigrant work visa available for citizens of Canada and Mexico. Like the H-1B visa, it allows employers to temporarily employ professional foreign national workers. The candidate must practice one of a number of professions specified as qualifying under the North American Free Trade Agreement (NAFTA). While Canadian citizens may apply for TN status directly at any U.S. Port of Entry, Mexican citizens must file their applications at a U.S. consular post.

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Immigration Basics Series: H-1B Professional Worker

The H-1B visa is one of the most common types of nonimmigrant work visas for foreign professional workers. It allows U.S. businesses to employ professional foreign national workers in specialty occupations. A specialty occupation is one which requires, at a minimum, (1) the theoretical and practical application of a body of highly specialized knowledge and (2) a Bachelor's degree or higher in a specific field. For example, positions in engineering, mathematics, business specialties, accounting, law, and architecture are specialty occupations. 

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