• Home
  • About Us
    • Stacy E. Cozart Martin
    • Michael M. Jolic
    • Scott Bratton
    • Staff
  • Services
    • Non-Immigrant Visas
      • E-1/E-2 Visas
      • H-1B Visas
      • H-1B visas for Physicians
      • H-2B Visas
      • J-1 Visa Waivers
      • L-1A and L-1B Non-immigrant Visas
      • O-1 Visa
      • The TN for Professionals
    • Immigrant Visas
      • EB-11 Alien of Extraordinary Ability
      • EB-12 Outstanding Professors or Researchers
      • Multi-National Executive or Manager Category
      • Immigrant Investors/Employment Creation Visas
      • Immigration Issues for Physicians
      • National Interest Waivers (NIW)
      • National Interest Waiver for Physicians Working in Medically Underserved Areas
      • Permanent Residency based on Labor Certification (PERM)
      • I-9 Services
    • Asylum, Deportation, Removal and Crimmigration
      • Asylum
      • Removal Proceedings
      • Crimmigration
      • Bond
      • Appeals – Board of Immigration Appeals
      • Federal Appeals
      • Federal Litigation in District Courts
      • I-601A/I-212
      • Motion to Reopen
  • Consultation
  • News
  • Contact

Mobile Menu

Schedule A Consultation Now!

Give us a call to speak with an immigration attorney.

Se habla español.

(216) 328-9878

  • Menu
  • Skip to left header navigation
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Speak with an Immigration Attorney  (216) 328-9878   Se habla español

MJB Immigration

Immigration Attorneys

  • Home
  • About Us
  • Services
    • Non-Immigrant Visas
      • E-1/E-2 Visas
      • H-1B Visas
      • H-1B Visas for Physicians
      • H-2B Visas
      • J-1 Visa Waivers
      • L-1A and L-1B Visas
      • O-1 Visas
      • The TN for Professionals
    • Immigrant Visas
      • EB-11 Visas
      • EB-12 Visas
      • Multi-National Executive or Manager Category
      • Immigrant Investors/Employment Creation Visas
      • Immigration Issues for Physicians
      • National Interest Waivers (NIW)
      • National Interest Waiver for Physicians Working in Medically Underserved Areas
      • Permanent Residency based on Labor Certification (PERM)
      • I-9 Services
    • Asylum, Deportation, Removal and Crimmigration
      • Asylum
      • Removal Proceedings
      • Crimmigration
      • Bond
      • Appeals – Board of Immigration Appeals
      • Federal Appeals
      • Federal Litigation in District Courts
      • I-601A/I-212
      • Motion to Reopen
  • Consultation
  • News
  • Contact

Article: Corporate Corner: Clouds on the H-1B Horizon – New Developments & Employer Tips By Wolfsdorf Rosenthal

August 30, 2019

<div itemscope itemtype=”http://schema.org/Article”>
<h3 itemprop=”name”>
<!–ARTICLE TITLE START–>
Corporate Corner: Clouds on the H-1B Horizon – New Developments & Employer Tips
<!–END ARTICLE TITLE–>
</h3><h4><i>by <a href=”http://discuss.ilw.com/articles/articles/391558-article-corporate-corner-clouds-on-the-h-1b-horizon-%E2%80%93-new-developments-employer-tips-by-wolfsdorf-rosenthal#bio”>
<span itemprop=”author” itemscope itemtype=”http://schema.org/Person”>
<span itemprop=”name”>
<!–AUTHOR NAME START–>
Wolfsdorf Rosenthal
<!–END AUTHOR NAME–>
</span></span>
</a></i></h4><br/>

<span itemprop=”articleBody”>
<div class=”post-content”>
<p><span style=”color: #000000;”>The Department of Homeland Security (DHS) is working toward implementing a new rule on H-1B cap registration. The new rule requires that petitioning employers register each prospective H-1B beneficiary, rather than filing an H-1B petition. Implementation is now targeted for the fiscal year (FY) 2021 H-1B season, with a filing period in spring 2020. As a part of that process, a proposed rule on filing fees for H-1B cap registrations has cleared the Office of Management and Budget’s review as of August 12, 2019, and is on the verge of publication.</span></p>
<p><span style=”color: #000000;”>As background, DHS published a final rule in January 2019 amending the regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption and introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule was effective April 1, 2019, although the electronic registration requirement was suspended for one year.</span></p>
<p><span style=”color: #000000;”>The DHS regulatory agenda also includes a proposal to revise the definition of “specialty occupation” to “increase focus on obtaining the best and the brightest” foreign nationals via the H-1B program, revise the definition of “employment” and “employer-employee relationship” to “better protect U.S. workers and wages,” and add requirements to “ensure employers pay appropriate wages to H-1B visa holders.”</span></p>
<p><span style=”color: #000000;”>To further complicate matters, another new final rule defines certain terms critical to public charge determinations, such as “public charge” and “public benefit,” and explains the factors DHS will consider when making a public charge inadmissibility determination. The final rule also addresses USCIS’ authority to issue public charge bonds in the context of applications for adjustment of status. Finally, the rule includes a requirement that those seeking an extension of stay or change of status demonstrate that they have not, since obtaining the nonimmigrant status they seek to extend or change, received public benefits over the designated threshold, as defined in the rule.</span></p>
<p><span style=”color: #000000;”>Legal challenges to at least some of these new provisions are likely, or have already been filed. For example, DHS cannot change the definition of “specialty occupation” through the regulatory process because it is codified in law. And California, among others, has filed a challenge to the public charge rule. Stay tuned.</span></p>
<p><span style=”color: #000000;”><strong>Tips for Employers</strong></span></p>
<p><span style=”color: #000000;”>In the meantime, the Alliance of Business Immigration Lawyers (ABIL) recommends the following ways for employers to maximize their H-1B chances:</span></p>
<ul>
<li><span style=”color: #000000;”>Apply based on a master’s degree from a U.S. nonprofit university as long as all degree requirements were completed before April 1</span></li>
<li><span style=”color: #000000;”>Ensure a close match between the course of study and job duties</span></li>
<li><span style=”color: #000000;”>Apply concurrently for optional practical training (OPT) or STEM OPT and H-1B</span></li>
<li><span style=”color: #000000;”>Apply for “consular notification,” not change of status, to preserve OPT if OPT lasts beyond October 1</span></li>
<li><span style=”color: #000000;”>Apply for “change of status” if OPT expires before October 1 to preserve work eligibility under “cap gap” policy, but avoid travel</span></li>
<li><span style=”color: #000000;”>Choose O*NET code and wage level carefully</span></li>
<li><span style=”color: #000000;”>If more than one field of study could qualify a person for the position, explain task by task how the position requires the education</span></li>
<li><span style=”color: #000000;”>Be careful of Level 1 wages. Instead, obtain an acceptable prevailing wage from a legitimate source other than the Department of Labor, offer to pay a higher wage from the outset, or explain why this particular job is both entry level and qualifies as a “specialty occupation”</span></li>
<li><span style=”color: #000000;”>Consider other visa options if your employee is not selected in the H-1B lottery</span></li>
<li><span style=”color: #000000;”>Check the USCIS website for changes to form, fee, and filing location</span></li>
<li><span style=”color: #000000;”>Contact your immigration attorney for advice in specific situations</span></li>
</ul>
<p>&nbsp;</p>
<p><span style=”color: #000000;”><strong>More information:</strong></span></p>
<ul>
<li><span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.govinfo.gov/content/pkg/FR-2019-01-31/pdf/2019-00302.pdf”>January 2019 final rule</a></span><span style=”color: #000000;”>; related</span> <span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.uscis.gov/news/news-releases/dhs-announces-final-rule-a-more-effective-and-efficient-h-1b-visa-program”>USCIS notice</a></span></li>
<li><span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&amp;RIN=1615-AC13″>Proposed revision of “specialty occupation” definition and other changes</a></span></li>
<li><span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law”>USCIS announcement on “public charge” rule</a></span><span style=”color: #000000;”>;</span> <span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/2019-17142.pdf”>Federal Register final rule at 84 Fed. Reg. 41292 (Aug. 14, 2019)</a></span></li>
<li><span style=”color: #0000ff;”><a style=”color: #0000ff;” href=”https://www.visalaw.com/in-the-news-at-abil-jan-19/”>Link to advice from ABIL</a></span></li>
</ul>
</div>

<p>This post originally appeared on <a href=”https://wolfsdorf.com/blog/2019/08/28/corporate-corner-clouds-on-the-h-1b-horizon-new-developments-and-employer-tips/” target=”_blank”>Immigration Impact</a>. Reprinted with permission.</p>
</span>

<hr/><h4>
<a name=”bio”></a>
About The Author<br/>
</h4>

<!–AUTHOR BIO START–>

<p>
<b>Wolfsdorf Rosenthal</b> is established in 1986, Wolfsdorf Rosenthal LLP is a full-service, top-rated immigration law firm providing exceptional immigration and visa services. With over 30 years of experience and offices in Los Angeles, New York, Oakland, San Francisco, Santa Monica, and Shanghai, the firm specializes in providing global immigration solutions for investors, multinational corporations, small businesses, academic and research institutions, artists and individuals.
Wolfsdorf Rosenthal attorneys are experts in their field and are featured contributors and speakers at local, national and global immigration forums and publications. They are also consistently recognized for their work and honored by the most prestigious awards on a national and global level.
</p>
<!–END AUTHOR BIO–>
<p><hr/>
<div class=”ilwFinePrint”>The opinions expressed in this article do not necessarily reflect the opinion of <span itemprop=”publisher” itemscope itemtype=”http://schema.org/Organization”>
<span itemprop=”name”>ILW.COM</span></span>.</div></p>
</div>
{$inline_image

Filed Under: Uncategorised

You May Also Be Interested In:

Legal Alert Title

May 11 – Permanent Residency, House Bill

Article: Obtaining I-551 Stamp as Evidence of Conditional Lawful Permanent Residency during COVID-19 By Wolfsdorf Rosenthal LLP

Article: Stuck Abroad And Unable To Return To The U.S. Within 180 Days? By David H. Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq.

May 8 – Travel Restrictions, COVID-19

May 7 – Top Articles And News For April 2020

Article: Recommendations for U.S.C.I.S. Reopening Offices during Covid-19 By Alan Lee, Esq.

Article: COVID-19 Exacerbates Form I-829 Processing Pain for EB-5 Investors, Mandamus Lawsuits Growing in Popularity By Matt Galati

May 6 – Healthcare Immigration Now

Previous Post: « Article: Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap By Katie Shepherd
Next Post: News: Changes to Direct Filing Addresses for Certain H-1B Form I-129 Petitions »

Primary Sidebar

Have a Quick Question?

Send us a message and one of our immigration attorneys will respond to you within 24 hours.

Newsletter

Sign up to get free resources, tips, and directory of our firm.

Not a real newsletter

Footer

Follow us on social media

Facebook
Twitter
YouTube
Instagram

Martin Jolic and Bratton LLC (formerly known as Sharon & Kálnoki LLC) is a full service Cleveland-based immigration law practice. We offer representation for almost all immigrant and nonimmigrant processes to clients worldwide.

Phone: (216) 328-9878
Fax: (216) 328-9879
Email: info@mjbimmigration.com

6050 Oak Tree Blvd., Suite 250
Independence, Ohio 44131

  • Home
  • About Us
  • Services
  • Consultation
  • News
  • Contact

Site Footer

Attorney advertising. This website is informational only. Information provided herein does not address any specific set of individual facts. Each immigration case is unique and nothing on this or associated pages, documents, forms, comments, e-mails, articles or other communication constitutes legal advice for any individual case or situation. Information provided on this site is not intended as a substitute for legal advice directed to a particular set of circumstances. Legal advice on specific, individual cases should be obtained from an experienced immigration attorney. In exchange for using this site to gather information, you agree not to hold any person involved in the preparation and presentation of this site responsible or liable, either directly or indirectly, for any damages whatsoever that may arise from the use, misuse, and/or reliance on anything contained within this site. Viewing or using information presented on this website is not privileged and does not create an attorney-client relationship. An attorney-client relationship will be created only upon the express agreement of the parties.

Copyright © 2022