New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » H-1B http://www.gafnervisalaw.com A NYC Immigration Lawyer Providing Immigration and Naturalization Advice to Clients from throughout the World. Mon, 06 Sep 2010 11:44:04 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 USCIS Doubles RFEs of H1B http://www.gafnervisalaw.com/2010/08/30/uscis-doubles-rfes-of-h1b/ http://www.gafnervisalaw.com/2010/08/30/uscis-doubles-rfes-of-h1b/#comments Mon, 30 Aug 2010 10:43:25 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2292 Bloomberg BusinessWeek recently ran a story about the increasing difficulty companies are having obtaining temporary visas for workers who they need to operate their companies.

The story focused on two American companies who are suffering because of the increasing difficulty.  The first is a family farm who has been unable to recruit American workers to harvest the [...]]]> Bloomberg BusinessWeek recently ran a story about the increasing difficulty companies are having obtaining temporary visas for workers who they need to operate their companies.

The story focused on two American companies who are suffering because of the increasing difficulty.  The first is a family farm who has been unable to recruit American workers to harvest the farm’s produce.  Unable to recruit American workers, the farmer has been unable to bring in temporary workers through the H-2b visa category.  This, despite the number of H-2Bs being down 52% this year.

The second company has had difficulty obtaining H-1B visas for qualified workers who the company cannot find in the United States.  The report noted that during the last year the number of H-1B petitions that received Requests for Further Evidence (RFEs) doubled.

]]> http://www.gafnervisalaw.com/2010/08/30/uscis-doubles-rfes-of-h1b/feed/ 0 Weekly H – 1b Update on Annual Quota http://www.gafnervisalaw.com/2010/08/19/weekly-h-1b-update-on-annual-quota/ http://www.gafnervisalaw.com/2010/08/19/weekly-h-1b-update-on-annual-quota/#comments Thu, 19 Aug 2010 10:49:28 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2260 Each week the USCIS update its count of a 20 petitions filed for upcoming fiscal year 2011 (starting October 1, 2010). As of July 13, 2010 the USCIS has received 29,700 petitions toward the 65,000 quota and 12,300 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are met, the H-1B will be [...]]]> Each week the USCIS update its count of a 20 petitions filed for upcoming fiscal year 2011 (starting October 1, 2010). As of July 13, 2010 the USCIS has received 29,700 petitions toward the 65,000 quota and 12,300 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are met, the H-1B will be unavailable until the beginning of fiscal year 2012.

To learn more about the H-1B process, and whether your company or job offer meets H-1B criteria, please contact a NYC H-1B attorney.

]]> http://www.gafnervisalaw.com/2010/08/19/weekly-h-1b-update-on-annual-quota/feed/ 0 H-1B Update On 65,000 and 20,000 Quota http://www.gafnervisalaw.com/2010/08/11/h-1b-update-on-65000-and-20000-quota/ http://www.gafnervisalaw.com/2010/08/11/h-1b-update-on-65000-and-20000-quota/#comments Wed, 11 Aug 2010 10:24:13 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2239 The USCIS has recently updated its count of H-1B petitions filed for the upcoming fiscal year (starting October 1).  Currently, USCIS has received 28,500 petitions towards the 65,000 quota, and 11,900 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are meet, the H-1B will be unavailable until the beginning of fiscal year [...]]]> The USCIS has recently updated its count of H-1B petitions filed for the upcoming fiscal year (starting October 1).  Currently, USCIS has received 28,500 petitions towards the 65,000 quota, and 11,900 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are meet, the H-1B will be unavailable until the beginning of fiscal year 2012.

]]> http://www.gafnervisalaw.com/2010/08/11/h-1b-update-on-65000-and-20000-quota/feed/ 0 Border Patrol Bill Includes New H-1B and L-1 Fees http://www.gafnervisalaw.com/2010/08/07/border-patrol-bill-new-h-1b-fees-l-1-fees/ http://www.gafnervisalaw.com/2010/08/07/border-patrol-bill-new-h-1b-fees-l-1-fees/#comments Sat, 07 Aug 2010 10:58:59 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2241 The Senate has recently passed a border enforcement bill meant to provide greater resources to the Customs and Border Protection Agency.  A part of the bill includes a new fee that is placed on some H-1B and L-1 petitions.

A new fee of $2000 will apply to H-1B petitions from companies that have 50 or more employees [...]]]> The Senate has recently passed a border enforcement bill meant to provide greater resources to the Customs and Border Protection Agency.  A part of the bill includes a new fee that is placed on some H-1B and L-1 petitions.

A new fee of $2000 will apply to H-1B petitions from companies that have 50 or more employees with at least 50% of its workers in L-1 or H-1B status.

A new fee of $2250 will apply to L-1 petitions from companies that have 50 or more employees with at least 50% of its workers in L-1 or H-1B status.

]]> http://www.gafnervisalaw.com/2010/08/07/border-patrol-bill-new-h-1b-fees-l-1-fees/feed/ 0 H-1B Cap Update http://www.gafnervisalaw.com/2010/06/03/h-1b-cap-update/ http://www.gafnervisalaw.com/2010/06/03/h-1b-cap-update/#comments Thu, 03 Jun 2010 19:03:37 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2132 USCIS has recently released their weekly update on the number of cap-subject H-1B applications that have been filed for this fiscal year.  As of May 28, 2010 – 20,800 H-1B petitions have been received for the 65,000 cap  and  8,700 H-1B visas have been received for the U.S. Masters cap of 20,000.

Share The Message: Hide Sites $$('div.d2132').each( [...]]]> USCIS has recently released their weekly update on the number of cap-subject H-1B applications that have been filed for this fiscal year.  As of May 28, 2010 – 20,800 H-1B petitions have been received for the 65,000 cap  and  8,700 H-1B visas have been received for the U.S. Masters cap of 20,000.

]]> http://www.gafnervisalaw.com/2010/06/03/h-1b-cap-update/feed/ 0 H-1B Update http://www.gafnervisalaw.com/2010/04/27/h-1b-update/ http://www.gafnervisalaw.com/2010/04/27/h-1b-update/#comments Tue, 27 Apr 2010 13:40:20 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2067 April 1st was the first day that cap subject H-1B applications could be filed for the fiscal year starting October 1, 2010. This start date is important because each year the government imposes a cap of 65,000 regular H-1B visas (and 20,000 H-1B Master visas). So far this year, 16,025 H-1B petitions [...]]]> April 1st was the first day that cap subject H-1B applications could be filed for the fiscal year starting October 1, 2010. This start date is important because each year the government imposes a cap of 65,000 regular H-1B visas (and 20,000 H-1B Master visas). So far this year, 16,025 H-1B petitions have been received for the 65,000 cap and 6,739 H-1B petitions have been received for the 20,000.

]]> http://www.gafnervisalaw.com/2010/04/27/h-1b-update/feed/ 0 H-1B Season Off To A … Slow Amble http://www.gafnervisalaw.com/2010/04/12/h-1b-season-2011/ http://www.gafnervisalaw.com/2010/04/12/h-1b-season-2011/#comments Mon, 12 Apr 2010 09:39:41 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1901 The annual H-1B season is off to a very slow start as USCIS has indicated that only 9,525 H-1B applications have been received (as of April 5th) for the new H-1B year beginning in October.  6,791 of those applications apply directly towards the main quota amount of 65,000.

The low turnout was to be expected…especially in light [...]]]> The annual H-1B season is off to a very slow start as USCIS has indicated that only 9,525 H-1B applications have been received (as of April 5th) for the new H-1B year beginning in October.  6,791 of those applications apply directly towards the main quota amount of 65,000.

The low turnout was to be expected…especially in light of the economy and newly invented USCIS guidance that has severely dampened the ability of US companies to use third party employees who are H-1B status holders.

]]> http://www.gafnervisalaw.com/2010/04/12/h-1b-season-2011/feed/ 0 H-1B Season Is In Full Swing http://www.gafnervisalaw.com/2010/03/04/h-1b-season-is-in-full-swing/ http://www.gafnervisalaw.com/2010/03/04/h-1b-season-is-in-full-swing/#comments Thu, 04 Mar 2010 10:20:01 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1764 Beginning April 1, 2010, employers can submit an H-1B visa petition for an individual that they want to employ beginning October 1, 2010. Each year, the U.S. government imposes an arbitrary cap on 65,000 H-1B visas. In recent memory, with the exception of last year, the cap has been reached within days of the [...]]]> Beginning April 1, 2010, employers can submit an H-1B visa petition for an individual that they want to employ beginning October 1, 2010. Each year, the U.S. government imposes an arbitrary cap on 65,000 H-1B visas. In recent memory, with the exception of last year, the cap has been reached within days of the April 1st start date. Last year, the cap was reached in December.
If you are interested in sponsoring a worker for an H-1B, please contact Gafner Law Firm to learn more about your options.

]]> http://www.gafnervisalaw.com/2010/03/04/h-1b-season-is-in-full-swing/feed/ 0 H-1B Quota Met For Fiscal Year http://www.gafnervisalaw.com/2009/12/24/h-1b-quota-fiscal-year/ http://www.gafnervisalaw.com/2009/12/24/h-1b-quota-fiscal-year/#comments Thu, 24 Dec 2009 11:34:08 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1548 The USCIS has announced that the H-1B quota of 65,000 visas has been met for the fiscal year.   Unlike previous years where the quota was met within days of it becoming available, this years quota was not met for nearly nine months.

Share The Message: Hide Sites $$('div.d1548').each( function(e) { e.visualEffect('slide_up',{duration:1.5}) [...]]]> The USCIS has announced that the H-1B quota of 65,000 visas has been met for the fiscal year.   Unlike previous years where the quota was met within days of it becoming available, this years quota was not met for nearly nine months.

]]> http://www.gafnervisalaw.com/2009/12/24/h-1b-quota-fiscal-year/feed/ 0 Only 3500 H-1B Visas Remain Available http://www.gafnervisalaw.com/2009/12/11/only-3500-h-1b-visas-remain-available/ http://www.gafnervisalaw.com/2009/12/11/only-3500-h-1b-visas-remain-available/#comments Fri, 11 Dec 2009 13:52:31 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1468 As of December 8, 2009, only 3500 H-1B Visas remain available for this fiscal year.  Each year the government imposes an arbitary quota of 65,000 H-1B visas for the fiscal year.  In the past the 65,000 limit was reached within a few business days of them becoming available (April 1st).  However, with the downturn in the [...]]]> As of December 8, 2009, only 3500 H-1B Visas remain available for this fiscal year.  Each year the government imposes an arbitary quota of 65,000 H-1B visas for the fiscal year.  In the past the 65,000 limit was reached within a few business days of them becoming available (April 1st).  However, with the downturn in the economy the number of companies interested in sending the money to obtain an H-1B visa has decreased dramatically.  As the economy is slowly recovering, it looks like the number of H-1Bs is also slowly recovering.

If you are interested in filing for an H-1B this year, it is highly advisable that you begin the process immediately.

]]> http://www.gafnervisalaw.com/2009/12/11/only-3500-h-1b-visas-remain-available/feed/ 0 H-1B Numbers Closing In On Annual Cap http://www.gafnervisalaw.com/2009/11/18/h-1b-numbers-annual-cap/ http://www.gafnervisalaw.com/2009/11/18/h-1b-numbers-annual-cap/#comments Wed, 18 Nov 2009 11:01:47 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1241 The United States Citizenship and Immigration Service (USCIS) has announced that H-1B filings for the fiscal year are increasing and that only a tad over 10,000 H-1B visa slots remain available for the current fiscal year. The annual cap is 65,000 for normal H-1B visas. H-1B visa filings [...]]]> H-1B Numbers Closing In On Annual Cap

The United States Citizenship and Immigration Service (USCIS) has announced that H-1B filings for the fiscal year are increasing and that only a tad over 10,000 H-1B visa slots remain available for the current fiscal year. The annual cap is 65,000 for normal H-1B visas. H-1B visa filings had remained steady at around 40,000 to 45,000 – however, over the last few months the numbers have increased. Those thinking of utilizing the h-1b visa should take notice and ensure they file soon.

]]> http://www.gafnervisalaw.com/2009/11/18/h-1b-numbers-annual-cap/feed/ 1 H-1B Still Available http://www.gafnervisalaw.com/2009/07/01/h-1b-still-available/ http://www.gafnervisalaw.com/2009/07/01/h-1b-still-available/#comments Wed, 01 Jul 2009 11:32:00 +0000 Chris Gafner http://www.gafnervisalaw.com/http:/www.gafnervisalaw.com/chrisgafnerattorneyprofile On June 26th, the USCIS announced that it had received 44,800 H-1B cap-subject petitions since April. This means that over 20,000 slots remain before the H-1B annual limit of 65,000 is reached.

Share The Message: Hide Sites $$('div.d189').each( function(e) { e.visualEffect('slide_up',{duration:1.5}) [...]]]> On June 26th, the USCIS announced that it had received 44,800 H-1B cap-subject petitions since April. This means that over 20,000 slots remain before the H-1B annual limit of 65,000 is reached.

]]> http://www.gafnervisalaw.com/2009/07/01/h-1b-still-available/feed/ 0 American Opportunity in this Recession http://www.gafnervisalaw.com/2009/06/29/american-opportunity-in-this-recession/ http://www.gafnervisalaw.com/2009/06/29/american-opportunity-in-this-recession/#comments Mon, 29 Jun 2009 11:02:00 +0000 Chris Gafner http://www.gafnervisalaw.com/http:/www.gafnervisalaw.com/chrisgafnerattorneyprofile As the recession continues, many have tired to find solace by looking at the good that has come out of previous economic downturns. Many have commented that the majority of today’s leading companies were started during economic down turns. Sunday’s Thomas Friedman article looks a bit deeper into that statement, and believes [...]]]> As the recession continues, many have tired to find solace by looking at the good that has come out of previous economic downturns. Many have commented that the majority of today’s leading companies were started during economic down turns. Sunday’s Thomas Friedman article looks a bit deeper into that statement, and believes that innovation is what is behind those companies. Necessity breeds innovation.
Friedman suggests America is better suited to bred innovation than other countries. Moreover, Friedman suggests that America should do its best to ensure that highly educated, innovative foreign nationals can come to the United States and be innovative. He suggests “stapling a green card to the diploma of any foreign student who earns an advanced degree at any U.S. university” and suggests eliminating the limitations on H-1B. As Friedman states, “[t]hey would invent more jobs than they would supplant.”
From Mr. Friedman’s lips to Congress’s ears.
]]> http://www.gafnervisalaw.com/2009/06/29/american-opportunity-in-this-recession/feed/ 0 Do We Need Foreign Technology Workers? http://www.gafnervisalaw.com/2009/04/08/do-we-need-foreign-technology-workers/ http://www.gafnervisalaw.com/2009/04/08/do-we-need-foreign-technology-workers/#comments Thu, 09 Apr 2009 00:00:00 +0000 Chris Gafner http://www.gafnervisalaw.com/http:/www.gafnervisalaw.com/chrisgafnerattorneyprofile In the latest installment of the New York Times’ series examining immigration in the United States, the newspaper asks, “Do We Need Foreign Technology Workers?”   In the piece, the paper asks six “experts” in immigration policy to answer that question.  The responses, coupled with the readers’ comments, cover the entire spectrum of possible answers.  Although [...]]]> In the latest installment of the New York Times’ series examining immigration in the United States, the newspaper asks, “Do We Need Foreign Technology Workers?”   In the piece, the paper asks six “experts” in immigration policy to answer that question.  The responses, coupled with the readers’ comments, cover the entire spectrum of possible answers.  Although  I certainly do not agree with many of the responses, I am content to see that the debate is happening.  Let’s hope that the debate eventual makes it to Capital Hill and Congress addresses Comprehensive Immigration Reform.

]]> http://www.gafnervisalaw.com/2009/04/08/do-we-need-foreign-technology-workers/feed/ 0 Are You Feeling Lucky? http://www.gafnervisalaw.com/2009/04/01/are-you-feeling-lucky/ http://www.gafnervisalaw.com/2009/04/01/are-you-feeling-lucky/#comments Wed, 01 Apr 2009 10:30:00 +0000 Chris Gafner http://www.gafnervisalaw.com/http:/www.gafnervisalaw.com/chrisgafnerattorneyprofile Today is the day.    It is April 1st and in the bizarre world of American immigration law that can only mean one thing – the “H-1B season” is finally open.    A relatively new phenomenon, the “H-1B season” refers to the time period when businesses can apply for new H-1B visas for the upcoming [...]]]> Today is the day.    It is April 1st and in the bizarre world of American immigration law that can only mean one thing – the “H-1B season” is finally open.    A relatively new phenomenon, the “H-1B season” refers to the time period when businesses can apply for new H-1B visas for the upcoming fiscal year (beginning in October 2009).  April 1st is a big day because for the last few years the numerical limit on H-1Bs has been reached within days and this has caused all companies seeking H-1B petitions to simultaneously file their petitions on April 1st.
The big question this year is whether the numerical limit of 85,000 will be reached within a few days of the beginning of the season.  Due to the economic downturn it is an open question whether the numerical limit will be reached within a few days of April 1st.  What is not an open question is that the numerical limit will be reached before the beginning of the fiscal year (October).  If the numerical limit is reached within a few days of April 1st a “lottery” will be held to determine which businesses will be able to file H-1B petitions.  Yes, a U.S. immigration policy meant to strengthen the U.S. economy has devolved into a lottery.  
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