USCIS’ Post

Good to see USCIS finally confirming that you can own a business that can use that business to sponsor your own H-1B. Q. I have a controlling interest in a company. Can this company qualify as my petitioning employer to sponsor my H-1B status? A. A company in which you have a controlling interest – meaning, you own more than 50% or have majority rights – may qualify as your employer and may petition for H-1B status on your behalf. In this scenario you would be both an owner of the petitioning employer and a beneficiary of the petition (a “beneficiary owner”). Previously, more restrictive requirements on employer-employee relationships between H-1B petitioners and beneficiaries may have resulted in H-1B beneficiary owners being ineligible. However, in 2020 we rescinded the 2010 policy memorandum, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” which impacted such eligibility. See the USCIS Policy Memorandum (PDF, 379.71 KB). The Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM), Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers, proposed to codify the ability of beneficiary owners to obtain H-1B status. We continue to consider comments in response to this NPRM. However, beneficiary owners may already be eligible for H-1B status under existing regulations and policies. You must still be coming temporarily to the United States to perform services in a specialty occupation. Additionally, Department of Labor requirements related to labor condition applications, including requirements concerning the appropriate prevailing wage and wage level, still apply. The United States remains a destination for top talent around the world. Our ability to attract and retain entrepreneurs is essential for spurring innovation, job creation, and new industries and opportunities for all Americans. We encourage entrepreneurs to use the H-1B program, or other appropriate pathways, to live and work in the United States. See Options for Noncitizen Entrepreneurs to Work in the United States. https://lnkd.in/gffzW-DV #h1b #entrepreneur #immigration #immigrationlawyer #business #plg

What is the National Interest Waiver? The National Interest Waiver (NIW) is an option for obtaining lawful permanent residence through employment under the EB-2 visa category. As a general rule, most employment-based petitions under the second preference category require an employer sponsor with a concrete job offer, specific duties, and salary requirements. Employers typically must navigate the complex Labor Certification process (PERM). However, an applicant can waive the entire PERM procedure and job offer if their work is deemed to be in the “national interest” of the United States. Want to know more, check out our latest blog titled "National Interest Waiver: Beyond the Buzzword" at https://lnkd.in/eHwfUxSA.

It’s important to understand your options during the journey from H-1B status to lawful permanent residence. To better assist H-1B workers and their families during this process, we've provided the answers to our most asked questions. Learn more: https://lnkd.in/eDmgayjK

Curious about the National Interest Waiver? Want to know more? Check out Cohen, Tucker & Ades, P.C.'s latest blog post that provides an overview of the National Interest Waiver.

The priority date for an Employment Petition depends on the type of petition: 👉For an I-140 petition, the priority date is the date of filing the labor certification (LC), or if the petition doesn't require an approved LC (such as L blanket certification or EB-1), the date of filing the I-140 petition. -👉Special immigrant priority dates are determined by the date of filing the I-360 form. -👉An investor's priority date is the date of filing the I-526 form.

Overview of the H-1B changes coming soon!

Should I file my I-140 petition in premium processing even though the priority date isn't current? My answer to that depends on the client and their situation, but here are some factors I ask clients to consider: Sometimes clients just want to know it's approved sooner rather than later, and they're willing to pay the price (literally) for that. As someone with General Anxiety Disorder, I get it! Once your I-140 petition is approved, you can "port" the priority date from that petition to future I-140 petition filings with the same employer or a different employer. If you're on an H-1B, once the I-140 petition is approved, your H-4 dependent spouse is eligible to apply for an H-4 EAD. You may need the I-140 petition approved to extend beyond the sixth year of H-1B status (note: this doesn't work for L-1 status or other classifications). Sometimes an employer is willing to file the petition in premium processing to show they are committed to the employee's immigration goals. And remember, you can upgrade your petition to premium processing if you originally submitted it in regular processing. #i140 #premiumprocessing #greencard #immigrationlaw

Employers: Note that the USCIS Final Fee Rule could be published as a final rule within the next few weeks. If the proposed rule is finalized, employers would be required to pay more than: - 70% more for H-1B petitions - 129% more for O-1 petitions - 201% more for L-1 petitions - a $600 surcharge for Forms 1-129 and I-140 - Over 2,000% more for the H-1B electronic registration system fee - 130% more for Adjustment of Status, Advanced Parole and Employment Authorization applications when filed together #employers #hiring #uscis #immigrationlawyer #immigrationlaw #immigration #immigrationattorney #immigrationlawfirm

USCIS has added FAQs on common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, company ownership, international travel, and dependent family members. Ownership of more than 50% (or having majority rights) in an entity does not disqualify an alien from obtaining H-1B status. USCIS rescinded its prior more restrictive requirements on employer-employee relationships between H-1B petitioners and beneficiaries. https://lnkd.in/e9s4anQT #USCIS #H-1Bs #H-1B #H1Bs #H1B #USvisas #greencard #greencards #USimmigration #immigration

International Students: there really isn't a whole lot in this document and you don't even need to read this one, but I thought I'd share it since it's a USCIS/gov doc, so it's reliable, and it was just just updated on July 17th. This is more for attorneys in my opinion but here is something for you: How about you get your first job, hopefully secure your H-1B, and then switch to another employer and make $50K more? File your transfer and switch! That's a beautiful thing for you and your employer, and the gov says , as stated on this doc, that you CAN do this! There's A LOT you CAN do.