H-1B Season is Here

H-1B Season is here, and now is time to prepare your H-1B case and have it ready to file with U.S. Citizenship and Immigration Services on April 1, 2016.

An H-1B classification is for foreign nationals who will be employed in specialty occupations, which are occupations that require bachelor’s degree or higher, or its equivalent, as a minimum to enter the fields. New H-1B petitions are subject to a numerical cap of 65,000 per fiscal year. An additional 20,000 are available to people who graduated with a master’s degree or higher from certain U.S. institutions. H-1B allows employees to be employed for a total of 6 years. Employer can request for an employment period for up to 3 years at a time.

USCIS begins accepting new H-1B petitions on April 1st of each year, for the employment start date of October 1st. It is expected that the 65,000 cap will be reached on the first days of filing. The cap was reached on the first days of filing in 2015, 2014, and 2013. It is expected that the same will happen in 2016. In the event that there are more than 65,000 H-1B petitions filed on the first days, USCIS will randomly select 65,000 petitions to fall under the cap. The unselected petitions are returned to the petitioners.

Certain new H-1B petitions are exempt from the annual cap. H-1B workers who will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations are not subject to the cap. H-1B petitions filed for H-1B workers who have been counted against the cap are also excluded from the cap.

H-1B classification is a great solution for employers seeking to employ professional foreign nationals. It allows for part-time employment, as well as employment with multiple employers. In certain cases, business owners may also qualify for an H-1B classification.

The Law Office of Jing Yeophantong, PLLC presents this information as a service to members of the general public. Use of this information does not constitute, in any manner, an attorney-client relationship between The Law Office of Jing Yeophantong, PLLC and the user. While the information is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

The information is provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Testimonials

“Our company hired Jing last year after meeting with her for the first time. Right away we felt comfortable and confident that our company would be in good hands with Jing as our immigration attorney. She gave very clear instructions and the process was smooth. She always answers emails and phone calls. Now we already have our case approved. I highly recommend Jing for your legal needs.”

CTM, Fairfax, VA

“I was greatly impressed by the efficiency of Attorney Jing. She handled my case in a professional, honest manner. She stayed in touch and communicated with me and my employer to keep us informed of how things were progressing. She is a very knowledgeable attorney, which is important as immigration laws are constantly changing. I highly recommend Jing to anyone looking for an immigration attorney.”

P. Hasegawa, Peoria, AZ

“Even though it has been a few weeks I’m still finding it hard to believe that I actually have my Green Card. There were definitely times in the last few years when I thought it was never going to happen. Words cannot really describe how relieved I am to be successfully DONE with this process. I feel lighter every day and so much less stressed about my future. Thank you for everything. I will be forever grateful.”

Alex, Harrisonburg, VA

“I would definitely recommend Jing for assistance regarding personal immigration matters. When I first met with her, I could tell right away that she is very knowledgeable and experienced, which made me feel I would be comfortable working with her. Throughout the entire process, she was incredibly helpful by answering questions I had and was easy to get in touch with when I needed her. With her attention to detail and familiarity with the immigration process, I felt more than prepared for my interview. The immigration procedure can be complex and confusing. With Jing assisting me, I always felt confident that I would be successful. She made a scary process very simple and comfortable for me. Thank you, Jing, for the the help and support you provided to get me through this.”

N. Bakondi, Vienna, VA

“I first met with Jing when my wife’s case was with another lawyer. We went to her for a second opinion. And after that she became a lawyer on my case. Time and time again, Jing has shown me that she is very detailed-oriented, has strong knowledge, and always keeps up-to-date with the laws. I have learned from my wife’s case that one little change in regulation can change your case from black to white. My wife’s lawyer did not do a good job with keeping himself updated with the laws, and he almost ruined our lives. Thanks to Jing, she not only helped my wife’s case but also helped another client of my wife’s lawyer. I still remember how excited my wife’s lawyer was when he called another client of his (right in front of me) to tell that person he won’t have to leave the country because the law has changed. The most important thing which I like the most about Jing is her HONESTY. Many immigration lawyers say yes to give you a day dream so they can make money from you while trying not to mention unhappy facts to you. Jing is different. She will tell you upfront what you will have to face and what you have to live with, both the bright side and the dark side. She has proven to me that I can trust her. Therefore, I believe her when she ends all emails with “Your truly”.”

Peter T., Sterling, VA

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