New H-1 selection procedures

Gee & Zhang E-Blast:

New H-1 selection procedures:

The USCIS has published regulations advising that the H-1 lottery procedures for 2020 will be changed. The new procedures will require that prospective employers register the names of the prospective H-1 employees between March 1-20. This year the Gee and Zhang Immigration Seminar will be conducted on February 13th so that the employer can be prepared for the new changes being implemented.

Apparently, the USCIS will then take the list of registrants and select the 65,000 allotment together with an additional 25,000 allotment for aliens who have attained a master’s degree in the US. If you are selected, you will be given 90 days to submit the H-1 application. For those aliens whose OPT will be expiring before the next fiscal year begins on October 1, 2020 they will find it prudent to file under the premium processing procedure so that they can get an adjudication from the USCIS before the expiration of their OPT to enable them to maintain employment continuity. Working without authority or beyond the date of the approved OPT can constitute an immigration violation resulting in the automatic cancellation of the alien’s visa and the requirement that they make the new visa application at a US consulate in their home country. Thus, filing the H-1 application timely is absolutely imperative.

We recommend to the employer who has determined that the foreign national will be an asset to the company plan, on visiting and strategizing with us immediately as to immigrant visa options. Availability has been very volatile and has not only advanced but, in some instances, retrogressed. Thus, the employer will be wise to make those determinations as early as possible. Look forward to visiting at our annual seminar if not earlier.