Immigration Helps F and J Students Applying for H-1B Status

The U.S. Citizenship and Immigration Services (CIS) published a notice in the Federal Register today (Friday, July 23; 69 Fed. 44,044-45) that extends the duration of status of F students and J exchange visitor students who have applied for change of status to H-1B but whose status expires before October 1. The notice extends their status if the CIS receives a timely-filed request for change of status to H-1B by next Friday, July 30, with a start date of no later than October 1. For the student to qualify under the terms of the notice, the H-1B petition must have been filed before the nonimmigrant's authorized stay expired.
The notice also applies to F-2 and J-2 dependents. It does not, however, apply to J-1 exchange visitors other than students, as defined in 22 C.F.R. § 62.4(a). Nor does it apply to J-1 students who are subject to the two-year home residence requirement.
The extension allows Fs and Js to legally stay in the United States until October 1, but they cannot work for their H-1B employer before that date unless they have some other sort of work authorization that allows them to do so. If the H-1B petition is still pending as of October 1, they will no longer be in valid nonimmigrant status, but they will not be accumulating unlawful presence. If the CIS denies the H-1B petition after October 1, two things may happen. If the student still has time remaining on his or her 60-day (F-1) or 30-day (J-1) grace period, they can complete that grace period. If, however, their grace period has already expired when the CIS denies the H-1B petition, the F or J student's status will terminate as of the date of the denial and they will be expected to leave the country immediately.

The notice does not address what the CIS will do about change of status requests that have already been denied. Further guidance from the CIS is needed on that point.
The notice is fairly limited. For example, the H-1B petition must be received by the CIS (not filed) by July 30. Since it can take a CIS service center several days to receipt in a case, this means that there is only a short window of time to file an H-1B petition if one has not been filed already. For that reason the notice really only benefits H-1B petitions that have already been filed and are currently pending.

Practice tip: If you plan to file an H-1B petition to take advantage of this notice, file it immediately, and by premium processing or e-filing, to increase the chances that the case will be receipted by July 30.

Note also the notice only benefits J students, not other categories of Js such as professors and research scholars. It is unclear why the notice excludes Js other than students.
Note also the cut-off date of July 30, 60 days before October 1. F-1 students already have a grace period of 60 days after their practical training expires before they have to leave the United States. 8 C.F.R. § 214.2(f)(5)(iv). Therefore, if an F-1 student's practical training is due to expire August 1 or later, there is no need for them to use the new notice; they will continue to maintain status until October 1 anyway (unless they work during the grace period or do something else that makes them deportable). The July 30 cut-off date in the notice does benefit J-1 students, since they normally only have a 30-day grace period after their status expires in which to leave the United States. 8 C.F.R. § 214.2(j)(1)(ii).

The notice does not define what constitutes a "timely filed" change of status request. Must the change of status request be filed before a student's optional practical training or academic training expires? Or will the change of status request still be timely if it is filed during the student's 30- or 60-day grace period? Practical experience suggests that most CIS service centers will accept and approve change of status requests filed during a student's grace period. But there is no definitive CIS answer on this issue.

The notice also states that F and J students and their family members may not travel pursuant to the notice. If they do, they will have to consular process to return to the United States. That will affect students who had planned to travel home after their status expired, receive an H-1B visa, and return to the United States just before October 1 to start work for their H-1B employer.
Practice tip: If an H-1B petition is pending for an F or J student that requests consular notification, consider sending a letter to the CIS service center or refiling the petition requesting a change of status instead. This can only be done if the F or J student is still in the United States and still in status.
Overall, the extension benefits F and J students whose status would normally expire before October 1, who have an employer willing to sponsor them for H-1B, and who can get that petition filed (and received!) before July 30. The extension does not help Fs and Js who are still looking for an H-1B job.

http://h-1b-specialty-occupations.blogspot.com/2018/03/h-1b-specialty-occupations.html

https://www.youtube.com/embed/kShpRKe-aCc 

 https://www.youtube.com/embed/RMDOdsSw_Uk

 https://twitter.com/Immigrationinnj/status/979335144455725056

Comentarios

Publicar un comentario

Entradas populares

Imagen

H-1B Visa for Entrepreneurs Self-sponsored Visa for Skilled Investors

H-1B Visa for Entrepreneurs Self-sponsored Visa for Skilled Investors H1b visa business ownership #h1bvisabusinessownership https://t.co/Pz3S04TWJp — USA Law - USA Lawyer (@Immigrationinnj) 27 de abril de 2018 How to get h1 visa sponsor? #howtogeth1visasponsor https://t.co/Pz3S04TWJp — USA Law - USA Lawyer (@Immigrationinnj) 27 de abril de 2018 Get more information here!  http://blog.lawyersinus.com/what-is-the-h-1b-visa/ https://www.youtube.com/playlist?list=PL3shB_VWVmepD6cPb9qAr2zrafdzYIsZD&disable_polymer=true http://h-1b-specialty-occupations.blogspot.com/2018/04/what-kind-of-company-can-sponsor-h1b.html http://h-1b-specialty-occupations.blogspot.com/2018/03/immigration-helps-f-and-j-students_88.html http://h-1b-specialty-occupations.blogspot.com/2018/03/the-evolving-boundaries-of-h-1b.html http://h-1b-specialty-occupations.blogspot.com/2018/03/actual-wage-requirements-regarding-h-1b.html http://h-1b-specialty-occupation

More on the Impact of Corporate Restructurings on H-1B Workers

We wrote last year on the immigration implications of corporate restructurings on foreign national employees in H-1B status, the main nonimmigrant (temporary) work visa category. Stanley Mailman & Stephen Yale-Loehr,  The Immigration Impact of Corporate Reorganizations on H-1B Workers , New York Law Journal, Apr. 24, 2000, at 3 ( Immigration Impact ). Since that article, three important developments have occurred: (1) Congress has passed a law addressing this issue; (2) the Immigration and Naturalization Service (INS) has issued its latest views on this topic through recent correspondence; and (3) new regulations published by the Department of Labor (DOL) establish new procedures in this area. Unfortunately, as will be seen below, at least one important issue remains unresolved. Background As background, H-1B status for temporary professional workers is job- and employer-specific. A worker who changes jobs or employers must obtain a new or amended H-1B before starting work in

Recent Changes in the H-1B Visa Category

The start of the federal fiscal year on October 1 triggered certain changes to the H-1B visa category, the most important – and controversial – of the nonimmigrant (temporary) work classifications. While these changes are not fundamental to the H-1B, the prospect of any shift in the delicate calculus of work-related immigration inevitably invites a good deal of attention from business and labor communities. This article addresses those changes and the key issues they have generated. The H-1B category  is the workhorse of the nonimmigrant (temporary visa) work classifications. Unlike the treaty classifications (E-1 and E-2), the H-1B is available to nationals of any country. And candidates for the H-1B, unlike L-1 applicants, need not be transferring from a related organization. Companies use the H-1B, described at INA §§ 101(a)(15)(h)(i)(B), 214(i), 8 U.S.C. §§ 1101(a)(15)(h)(i)(B), 1184(i), primarily to bring workers qualified in a “specialty occupation.” According to the statute,

The Immigration Impact of Corporate Reorganizations on H-1B Workers

New correspondence from the Immigration and Naturalization Service (INS or Service) highlights an issue for law firms currently involved in mergers and acquisitions: the impact of those corporate reorganizations on foreign-national employees in H-1B status, the workhorse of the nonimmigrant (temporary) work visa categories. The immigration consequences of a job change have always been murky; unfortunately the new INS correspondence sheds little light on the issue. This article explores the problem for H-1B workers. Employees in other nonimmigrant classifications present similar problems. As background, H-1B status for temporary professional workers is job- and employer-specific. A worker who changes jobs or employers must obtain a new or amended H-1B before starting work in the new job or for the new employer. That requirement can sometimes pose problems, especially when the new employer wants the worker to start right away. Unfortunately, it can take three to four months for an H-

Immigration Helps F and J Students Applying for H-1B Status

The U.S. Citizenship and Immigration Services (CIS) published a notice in the Federal Register today (Friday, July 23; 69 Fed. 44,044-45) that extends the duration of status of F students and J exchange visitor students who have applied for change of status to H-1B but whose status expires before October 1. The notice extends their status if the CIS receives a timely-filed request for change of status to H-1B by next Friday, July 30, with a start date of no later than October 1. For the student to qualify under the terms of the notice, the H-1B petition must have been filed before the nonimmigrant's authorized stay expired. The notice also applies to F-2 and J-2 dependents. It does not, however, apply to J-1 exchange visitors other than students, as defined in 22 C.F.R. § 62.4(a). Nor does it apply to J-1 students who are subject to the two-year home residence requirement. The extension allows Fs and Js to legally stay in the United States until October 1, but they cannot work

How to Deal with the H-1B Visa Cap

The number of H-1B visas each federal fiscal year (October 1-September 30) is now 65,000, a decrease of almost two-thirds from the 195,000 available before each year. Such a low cap has resulted in H-1B numbers running out many months before the end of the federal fiscal year. This dramatic decrease is causing significant problems for U.S. businesses and their foreign national employees. This memo briefly outlines who is affected, who is not affected, how this situation arose, and what to do about it. Who is affected: Foreign nationals in other non-immigrant statuses such as B, F, J or H-4 who request a change of status to a first-time H-1B are affected by the H-1B quota. Additionally, managers, recruiters, and human resource departments planning to bring a foreign national from overseas to work in the United States on an initial H-1B visa should also be concerned about the H-1B cap. Who is not affected: Foreign nationals currently in H-1B status who need to file an ex

Actual Wage Requirements Regarding H-1B Aliens

Labor Department regulations affecting the employment of H-1B aliens require an employer to explicitly document the actual wage for the position. The Labor Department suggests that an employer write a memorandum to the file summarizing the employer's pay system. The Labor Department does not require copies of payroll records in this file.      You should write a brief memo to the file stating how the H-1B alien's salary compares with similarly employed non-alien employees of your company, and the variables that determine differences, if any, between the H-1B alien's salary and similarly employed non-alien employees' salaries. If your H-1B alien is employed in a unique position in your company, a memo to the file stating this should suffice, as long as you explain why the alien's position is unique.      Your memo should include the following information for the H-1B worker and all similarly employed workers, if any: Full name Home address Occupation Rate o

H-1B Requirements for New or Small Companies

Information Requested by INS for Petitioners that are New or Small Companies INS now is requesting that new or small employers provide additional information in support of their H-1B petitions. To best ensure prompt approval, we should provide the type of information set forth in the standard INS request, which follows: Please submit additional evidence establishing the factors which resulted in your business deciding to hire one or more additional employees. Such evidence may include, but is not limited to, a demonstration of your level of business activity during the recent past indicating a need to expand your workforce, evidence of anticipated increased level of business in the near future, or evidence of staff turnover which necessitates the hiring of the beneficiary. Also, please submit a copy of your business lease, mortgage or deed to the office out of which the beneficiary will be employed. Please submit evidence of the number of workers you currently employ in the Unite
Imagen

H-1B, SPECIALTY OCCUPATIONS

H-1B, SPECIALTY OCCUPATIONS The H-1B is a nonimmigrant classification used by an applicant who will be employed temporarily in a specialty occupation. Requirements include a job offer in a qualifying occupation, a bachelor’s degree or equivalent at a minimum, and an offered salary that meets prevailing wage requirements. The H-1B is a popular tool for temporary employment of foreign nationals. Please find following Frequently Asked Questions, with corresponding responses: WHAT IS A SPECIALTY OCCUPATION? Under INA section 101(a)(15)(H)(i)(b), a specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its "equivalent." Some examples of "specialty occupations" include computer professions, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. An H-1B visa pet