Here is another version of “Dear Sophie”, the advice column that answers immigration-related questions about working in technology companies.
“Your questions are critical to the spread of knowledge that allows people around the world to rise above boundaries and chase their dreams,” says Sophie Alcorn, A Silicon Valley immigration lawyer. “Whether you are an ops, a founder or looking for a job in Silicon Valley, I’d love to Answer your questions In my next column. “
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I would like to sponsor a potential employee for H-1B but the process for H-1B petition is quite complicated.
What goes into an H-1B petition? How has this changed in recent weeks? Is the lottery going to be wage-based or random?
– Learn hunger in Hillsborough
This is a great time to start the H-1B lottery process – the time is fast approaching. About my most recent podcast episode H-1b On the immigration law for tech startups, we planned for the H-1B lottery.
For all those food items, in this column, I include a recipe for making your first H-1B, as well as the latest about lottery timing, whether the lottery will be wedge-based and pay-to-play. A change in how the end American, American fare, and H-1B wage levels are calculated.
New to H-1B?
To begin with, if you are a beginner to increase your appetite with involvement in the H-1B process, there is no need for the H-1B lottery season to feel complicated or difficult. In fact, I wrote a recipe so that you can easily understand how to make an H-1B petition. 😉
Alcorn H-1B Petition Recipe
- 1 top global starving employer in search of talent
- > 1 job creator from all over the world
- > 1 experienced business immigration attorney
- > 1 Compassionate Business Immigration Paralegal
- 1 package clear communication
- 1 gallon legal strategy; Add more to taste
- 1 gallon hard work, divided
- 4 cups enthusiasm and dedication
- 2 questionnaires
- 1 Labor Status Application (LCA)
- Form 4 for USCIS, 5 if you want to break the case and eat soon
- 1 strong letter of support from the company
- To taste: Supporting documents of job seekers, as required
- Startup to taste: a sprinkling of company formation documents
- It is important to start H-1B with a solid legal strategy. Start by mixing employers and job seekers with at least one business immigration attorney and at least one business immigration paralegal. Add half a gallon of communication, legal strategy, and 1 cup of enthusiasm and dedication.
- After falling prey to the legal strategy, separate the rest of the contents into separate containers (some will overlap).
- Take two questionnaires and distribute them equally between employer and job seeker. In a pan over medium-low heat or high heat depends on how quickly everyone wants to eat.
- Once the questionnaire is evenly browsed, remove from heat and check to make sure everything is cooked properly.
- After reviewing the questionnaire, use some flavor to prepare the Labor Condition Application (LCA). Add 1 cup of legal strategy and 1 quarter of hard work. Allow to boil for 7-10 days.
- While the LCA is simmering, prepare your forms well in advance. Add ½ cup of legal strategy and 2 cups of hard work.
- After the forms are premeditated, use the rest of the legal strategy (if necessary), 2 cups of hard work and 1 cup of enthusiasm and dedication to prepare the letter of support.
- Once it is ready, and the LCA is fully cooked, use the hardener (preferably Adobe Acrobat) to add the glazed forms, LCA and support paper to the bowl. After adding a letter of support, the job seekers fold into supporting documents. Add 1 cup of enthusiasm and dedication. Add startup if desired.
- Finally, use the remaining 2 cups of enthusiasm and dedication to finish the case with USCIS!
- If you are not hungry, let it cool for 15 calendar days, or 4-6 months if there is a famine.
- Enjoy it!
For those experts, hungry for the latest H-1B update, here’s a part of what we’ve been seeing since the Biden administration took over for the past two weeks:
We expect an imminent announcement regarding the details of the upcoming FY2022 H-1B lottery registration process for cap-subject non-immigrant visa petitions. The period of electronic registration lasts at least 14 days, and the latest possible start date will be March 18, 2021. We also look forward to when the initial registration period will begin; Last year it ran from 1 to 20 March. Feel free to hear back Get ready for the H-1B FY2022 lottery If you have worked on this in the past year, for more information, please plan to file H-1B this year: It is important to follow these dates.
Will the lottery be pay-to-play?
“A final rule requiring amendment of the registration requirement for petitioners that H-1B petitions have been issued under Trump” issued under Trump is currently scheduled to take effect on March 9, 2021. This will change from being randomly allocated to the lottery. Highest to lowest relative wages. On January 20, the Biden administration directed all agencies to consider delaying the effective date of some regulations, such as this not yet in effect.
We are all waiting for breath to see if this new change will happen. USCIS has not yet published any rules in the Federal Register indicating that wage-based H-1B lotteries will be delayed until the scheduled start date. Also, in the last few days, there are some preliminary indications that the system will proceed according to the Trump plan, even under the Biden administration. This includes H-1B registration online tools and form changes.
Although salary-based allocation may make H-1B pay more expensive for some employers, it will dramatically increase immigrant protection and employer predictability. You can also reach us as we all wait to see what USCIS will decide to do here Free h-1b guide For more information about H-1Bs.
By American, the end of higher American
On January 25, President Biden issued Executive Order 14005, “The Future Is Ensured by All of America’s Workers. It concludes Trump’s” Buy American and Higher American “executive order and calls American businesses” in strategic industries Competes “and focuses broadly to help” US workers thrive. “We speculate that this change will lead to higher US-business-based visas and green card approval rates in the future.
Changes in pay level calculations
Changes occur in such a way that prevailing wages are calculated for visas such as H-1Bs and the PERM part of the green card process. White House Chief of Staff Ron Clann indicated the new rules could be withdrawn or delayed. We have already seen the Department of Labor to withdraw the Office of Foreign Labor Certification H-1B Program Bulletin and a Salary and Hours Division Field Assistance Bulletin (FAB) on LCA, so it is no longer effective. Additionally, the DOL announced this week that it would delay the rule regarding prevailing pay levels to not take effect until May 14, 2021.
We are tracking all the major H-1B changes here, so stay tuned for dear Sophie for all the latest!
all my best,
Have a question? Ask it here We reserve the right to edit your presentation for clarity and / or location. The information in “Dear Sophie” is general information and not legal advice. For more information about “Dear Sophie” limitations, please see our full disclaimer here. You can contact Sophie directly at Alcork Immigration Law.