Category: Immigration Management

Global Immigration Management

Here All You Probably Need To Know About The New Rule of H-1B Visa CAP!

There is a fiscal year annual number limit placed on the number of foreign workers authorized for an initial grant of H1B visa status. The annual cap offers 65,000 initial H1B visas with an additional 20,000 H-1B visas reserved for foreign workers who have earned a master’s degree from U.S universities. Since the demand for H1B visas usually exceeds these numbers, the selection of Cap subject H-1B applicants has historically been made through the random lottery process. The new rule seeks to replace the random selection system with a process that gave priority to highly paid H-1B workers. With the best global immigration management service, you’ll be able to work in this process.

Summary of New Rule

According to the new final rule, ‘’USCIS will rank and then select registrations’’ based on ‘’the highest corresponding Occupational Employment Statistics (OES) wage level that the offered wage will equal or exceed for the appropriate Standard Occupational Classification (SOC) code and areas of planned employment,’’. USCIS described that the new rule gave priority to those who have the highest wage in every occupational category and geographic location, which may limit employers to effectively sponsor only the most highly paid H-1B workers. 

USCIS declared that the ‘’final rule will not affect the order of selection as between the regular cap and the postgraduate diploma  exemption.’’ However, the H-1B rules will favour registrations for common wage levels 2, 3, and 4, at the expense of level 1 registration submissions. In particular, an employer offering a wage level 1 under the regular cap, and an employer offering a level 1 or 2 under the master degree exemption, may have a lower chance of selection as per the new rule. 

H-1B Electronic Registration Process

In 2020 USCIS implemented a new electronic registration process for the H-1B CAP. Here, It is required that the beneficiary who is seeking to file an H-1B petition must hold a postgraduate diploma. After that, they need to register electronically & required to pay the associated $10 H-1B registration fees. The Procedure is simplified with the paperwork & data exchange as well as provide overall cost savings to employers seeking to file an H-1B CAP Petition.

It only requires basic information regarding the prospective petitioner and each requested worker. The registration period is already opened for 14 days of the financial year. Then, the H-1B selection process will run on properly submitted electronic registrations. Those who selected in registrations will be eligible to file H-1B CAP subject petitions. Whole selections will take place after the primary registration period closes, so there is no requirement left to register when the primary registration period opens.

About the New Rule 

The rule clarifies that the selected wage level, as opposed to the offered salary amount, will be the controlling factor. If an employee might work in multiple locations, they may fall to the lowest level that proffered wage will equal or exceed for all areas of intended employment.

DHS claims that the new wage-based H-1B selection process is profitable to achieve the administration’s goal of improving policies such that H-1B classification is more likely to be awarded to petitioners seeking to employ higher-skilled and higher-paid beneficiaries. Nevertheless, given the ongoing pandemic and economic downturn over the past several months, it remains to be seen whether market conditions can accommodate such a significant change at this time.  Now, it’s further delayed till 14 Nov 2022.

Trump administration had imposed a ban on the entry of new H-1B visa holders which is going to expire on March 31, 2021. Biden has not yet decided on this ban. The Future course of H-1B CAP selection will be based on his decision over this ban.

How End -To- End Global Immigration Management Services Keep Your Legal Firms And Business Ahead In The Next Wave Of Immigration Modus Operandi?

Immigration currently amidst the COVID-19 pandemic looks like a distant reality. However, the process with the government of the respective countries only looks slightly delayed or changing, but inevitably things will speed up for prospective immigrants sooner with break throughs coming through for COVID-19 cure and eventually international borders re-opening.

So, its never too early for being ready and prepared.

Highlights of Key Areas in Global Immigration Management Services

Virtual Assistants of Immigration

Visa filing and processing is an exhaustive comprehensive process. Our immigration lawyers can provide complete virtual assistant services for your legal firm and business immigration resource requirements. Our lawyers are adept in the Immigration handling process across the US and Canada.

Clients and Communication

An immigration process is never completely fulfilled without quality time, inputs, and getting the right communication across the clients in every step of the way. Communication is vital that so much could go wrong and haywire without the clients in a constant loop for information verification, proofs, credentials, and other crucial immigration processes.

Drafting – A Skill in doing Immigration right

The necessity of quality drafting is critical for the immigration process. A slightest of error in the drafting will drastically slow down the whole immigration and at worst bring about a halt. Drafting involves two fundamental criteria.

First, drafting the right subject and body for visa petitions, supporting letters, cover letters, and application forms.

Secondly, knowing what criteria, types, numbers, and schedules exist for the whole drafting purpose. Missing important documents while in the drafting stage will hinder the whole process required for immigration.

Immigration Laws are subject to change with the Post-Pandemic Era

With the United States government bringing about a change in the eligibility of people for immigration directly and indirectly in relevance to the COVID -19 pandemic, lots of changes and updates like RAISE Act under the Trump administration, and other regulations are incorporated for immigration. Clear and definitive information on updates and the required follow-ups on the immigration laws is a must for smoother immigration process henceforth.

Knowing Immigration Software Platforms

Immigration is all about collating accurate data in the right medium. Immigration software platforms like INS Zoom, LawLogic, and  BlueDot are some perfect ways to integrate the immigration process.

Quality Reviewing

The immigration process undergoes lots of fact checks with the information provided. Hence, it’s fully understandable and mandatory to perform prior reviews according to Law Offices of Mark L. Miller for ensuring the quality reviewing for a scrutinized immigration process.  A thorough review ensures the client from not having a second review under Request for Evidence (RFE) from the USCIS. And if asked, for the second review in certain circumstances, a quality review and required information for evidence collection to be performed again becomes imminent.

AEREN LPO team of immigration attorneys are qualified and competent with skillful experience to work with legal firms and business in carrying out all the end-to-end support for Global Immigration Management.