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

Entrepreneurs As Government Employees?

Chris Gafner — Tue, 13 Dec 2011 15:05:59 +0000

A few months ago the USCIS announced that it would launch a new initiative to have “Entrepreneurs in Residence” at the immigration agency. The initiative was meant to help clarify and streamline paths within current immigration law that would enable foreign national entrepreneurs to come to the United States and help the nation’s economy grow.

Last week, the USCIS announced that it is now hiring entrepreneurs to fill the position(s).

The big question to me is this? How many (successful) entrepreneurs will be willing and able to take this government position? For the most parts, I don’t think entrepreneurs enjoy large institutions with layers of bureaucracy.

Is there an entrepreneur, or otherwise successful businessperson, who is willing to be altruistic and accept this position despite not liking many of its features?

If willing to cope with government inefficiencies, the position provides the potential to radically influence future startups developed in the United States. If handled incorrectly, the position could radically restrict new immigrants entering the United States. The position could lead the nation to a new surge in successful startups and employers. Lets hope it does.

H-1B Cap Reached Two Months into Fiscal Year

Chris Gafner — Tue, 29 Nov 2011 14:36:33 +0000

Despite the nation’s continued economic doldrums, the H-1B cap for the fiscal year has already been met – just two months into the new fiscal year. The H-1B visa has a set annual cap of 65,000 visas that are available each year (disregarding a few, limited exceptions). This cap, which was arbitrarily set by the government, has been met each year. During the boom years of the early 2000s, the cap was met on the first day that applicants could apply. More recently, with the economy struggling, it has taken many months to reach the cap.

Still, despite the poor economy, this year’s H-1b visa cap was reached just 2 months into the fiscal year. Should the government be the one who limits American companies from gaining needed skilled workers? Or should those American companies be the ones dictating when they have hired enough skilled workers?

Now, for the next several months, American companies seeking to bring talented workers into the US must find alternatives to the H-1B visa.

SSA Report: 18% of H-1B Visa Holders Are Frauds – Or Just Doing Legitimate Activities the SSA Didn’t Bother To Look Into

Chris Gafner — Wed, 28 Sep 2011 11:19:56 +0000

A recent Social Security Administration (SSA) report makes alchemists’ handbooks look scientifically reliable. The SSA report examined 200 H-1B visa holders to determine if the holders’ social security numbers were used in ways not connected with the petitioning company. The report suggests that 18% of H-1B Visa Holders have violated their H-1B status by using “unapproved employers” or by not posting any wages during a two year period.

Unfortunately, the report does not bother to look too deeply into the reasons for the disparities. The disparities could very easily be due to legitmate reasons. For example, H-1B visa holders are capable of switching employers within H-1B status, are capable of obtaining other immigration classifications that allow them to work for other employers, and are not required to have their salary come from an American employer. Additionally, what is to say that the petitioning employer didn’t change their employer tax identification number, or otherwise modify their business entity. All of these examples provide legitimate reasons for the disparities – yet the report didn’t bother to examine these possibilities.

Although research should be done into fraudulent H-1B petitions, it would have been prudent to do a bit more research before releasing the report. The SSA needs to know there is a fire before yelling it out loud.

H-1B and L-1 Visa Interviews Resume at Mumbai Consulate

Chris Gafner — Tue, 13 Sep 2011 12:39:19 +0000

The Department of State has announced that it has resumed processing of H-1B and L-1 Visa Interviews at the Mumbai Consulate. If you have any questions, please contact the immigration firm for more information.

H-1B Visa Quota Update: Slow and Steady…

Chris Gafner — Mon, 05 Sep 2011 13:52:05 +0000

…shows a struggling economy?

Each week the USCIS updates its statistics on how many H-1B visa applications have been received towards the annual H-1B visa cap. Last week’s update showed that 29,000 applications have been received towards the normal H-1B visa cap of 65,000, and 15,800 applications have been received towards the master’s degree cap of 20,000.

These numbers are significantly lower than in years past …at times the annual cap was met during the first day of processing. Looking forward, it appears that the H-1B visa will continue to available to cap-subject applicants for many more months this year. However, to ensure inclusion before the cap is reached, please contact a New York H-1B visa lawyer sooner rather than later.

H-1B Visa Update: H-1Bs Still Available

Chris Gafner — Mon, 25 Jul 2011 11:21:24 +0000

Each year, the H-1B visa has a quota of 65,000. Because of the limited number available, the USCIS does not begin accepting applications for the visa until April 1st of each year. Currently, the USCIS has received only 20,500 applications towards the allowed 65,000. Additionally, the USCIS has received only 12,800 applications towards the 20,000 Masters Degree quota. With the number of applications currently so low, it is unlikely that the quota will be met until late in the year. However, if you are thinking about obtaining an H-1B in the next year, you can apply up to six months before your employment begins. Why wait, speak to a New York H-1B visa attorney to begin the process now.

Immigration Myth: H-1B Visas Grant Permanent Residency In the United States

Chris Gafner — Wed, 20 Jul 2011 11:55:06 +0000

While listening to the general debate that is being had throughout the United States, it is surprising to hear so many correspondences and interlocutors imply that the H-1B visa gives a foreign national permanent residency in the United States. If you asked a normal American whether the H-1B visa granted permanent residency in the United States, 90% of them would probably either not know what you were talking about, or would believe that it did grant permanent residency.

To the surprise of many – the H-1B Visa does not provide permanent residency in the United States. With limited exceptions, the H-1B visa is temporary and a person can have H-1B status for a maximum of six years. In fact, an initial H-1B visa is only valid for a maximum of three years. After those three years, an H-1B status holder must reapply for the status. Further, the H-1B only allows for the visa holder to only work for the petitioning company. To work otherwise would be a violation of H-1B status.

If you are confused about the H-1B visa and want to learn more, please contact an H-1B Visa Lawyer for more details.

DOL Updates Foreign Labor Certification’s Online Wage Library

Chris Gafner — Wed, 06 Jul 2011 12:16:04 +0000

The Department of Labor (DOL) has updated it’s Foreign Labor Certification Data Center’s Online Wage Library. The Online Wage Library is used in many employment-based immigration cases, including the H-1b visa. The wage library provides average salaries for workers throughout the country, and is broken down by metropolitan area, employment position, and experience . If you are seeking an employment-based visa, please contact an business immigration lawyer to discuss your case.

It is updated annually.

Premium Processing in Immigration

Chris Gafner — Wed, 15 Jun 2011 13:02:00 +0000

The speed of the business world and the speed of the immigration system are rarely the same. In the high-paced business world it is difficult to wait weeks or even months to receive immigration approval from the USCIS.

Acknowledging its slowness, the USCIS provides certain employment-based immigration petitioners to receive a response within 15 days. The service, called Premium Processing, comes at a cost – currently $1225 – that is payable to the Immigration Agency. With Premium Processing, the immigration agency guarantees that it will provide a response to a petition within 15 days of receiving a petition. Additionally, the immigration agency provides direct contact information for attorneys to utilize for Premium Processing cases.

Premium Processing is available for many nonimmigrant and immigrant visas. The Premium Processing Chart below show the petitions that can currently utilize premium processing.

Form I-129, Petition for Nonimmigrant Worker
Designated Classification Within Form I-129	Corresponding Nonimmigrant Classification	Availability Date*	Termination Date**
Treaty Trader	E-1	June 1, 2001
Treaty Investor	E-2	June 1, 2001
Alien in Specialty Occupation	H-1B	July 30, 2001
Temporary Worker performing nonagricultural services	H-2B	June 1, 2001
Trainee or Special Education Exchange Visitor	H-3	June 1, 2001
Intracompany Transferee, Executive or Manager Capacity	L-1A	June 1, 2001
Intracompany Transferee, Specialized Knowledge Professional	L-1B	June 1, 2001
A petitioner meeting certain requirements which seeks continuous approval of itself and some or all of its parents, branches, subsidiaries, and affiliates	LZ (Blanket L-1)	June 1, 2001
Alien of extraordinary ability or achievements in the sciences, arts, education, business, or athletics	O-1	June 1, 2001
Alien providing essential support services for a principal O-1 alien	O-2	June 1, 2001
Internationally recognized athlete or member of an internationally recognized entertainment group	P-1	June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-1 alien	P-1S	June 1, 2001
Artist or Entertainer under a Reciprocal Exchange Program	P-2	June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-2 alien	P-2S	June 1, 2001
Artist or Entertainer in a Culturally Unique Program	P-3	June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-3 alien	P-3S	June 1, 2001
International cultural exchange alien	Q-1	June 1, 2001
Alien in a Religious occupation	R-1	July 30, 2001 and reinstated July 20, 2009***
NAFTA professional, Canada	TN-1	July 30, 2001
NAFTA professional, Mexico	TN-2	July 30, 2001

Form I-140, Immigrant Petition for Permanent Resident Worker
Designated Classification Within Form I-140	Corresponding Employment-Based (EB) Immigrant Visa Classification	Availability Date*	Termination Date**
Individuals of extraordinary ability	EB-1-1	November 13, 2006 and reinstated June 29, 2009****
Outstanding professors and researchers	EB-1-2	September 25, 2006 and reinstated June 29, 2009****
Multinational executives and managers	EB-1-3	Not Yet Available
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver	EB-2	September 25, 2006 and reinstated June 29, 2009****
Members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver	EB-2 – National Interest Waiver	Not Yet Available
Skilled workers***	EB-3	August 28, 2006 and reinstated June 29, 2009****
Professionals***	EB-3	August 28, 2006 and reinstated June 29, 2009****
Workers other than skilled workers and professionals	EB-3	September 25, 2006 and reinstated June 29, 2009****

H-1b Immigration Testimony Before House Subcommittee

Chris Gafner — Wed, 13 Apr 2011 12:57:22 +0000

On March 31, the House Subcommittee on Immigration Policy and Enforcement held hearings concerning the H-1B visa. The hearing was entitled

“H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers,” and can be viewed on the House’s website.

Speakers at the hearing included:

Bo Cooper

Former INS General Counsel (1999-2003)

Ron Hira, Ph.D.

Associate Professor of Public Policy

Rochester Institute of Technology

Bruce Morrison

Morrison Public Affairs Group

Additionally, USCIS Official Donald Neufeld was one of the speakers at the hearing, and discussed USCIS’s efforts to root out immigration fraud, and to improve the H-1B program.

H-1B Season off to a Slow Start

Chris Gafner — Mon, 11 Apr 2011 11:42:30 +0000

On April 1st, the USCIS began accepting H-1B petitions for the 2012 fiscal year. In past years, the USCIS received more applications in the first few days of April than it had visas available for the entire year. However, this year, the USCIS has reported that it has only received 5,900 applications towards the 65,000 H-1B quota. In addition, the USCIS has received 4,000 applications toward the 20,000 H-1B Masters Degree quota.

H-1B Visa Application Season Begins April 1st

Chris Gafner — Thu, 31 Mar 2011 11:50:31 +0000

Although it hasn’t had the same meaning during the last few years, the H-1B Visa application season begins April 1st. That date marks the first date on which employers can petition for workers to begin working during fiscal year 2012. Thus, those that apply on April 1st can begin working on October 1, 2011 – the first day of fiscal year 2012.

Until recently, this date was very important for H-1B visa applicants. The United States has an annual quota of 65,000 H-1B visas that are available each year. Up until a few years ago, this quota was reached within a few days of the April 1st start date. However, due to the economic downturn, in recent years the quota level has not been reached until January or February.

If you are an H-1B employer or a prospective H-1B employee, please contact Gafner Law Firm to better understand your immigration options.

USCIS Changes H-1B Cap Exemptions Policy Based On Relations and Affiliations

Chris Gafner — Thu, 17 Mar 2011 11:39:32 +0000

The H-1B visa cap has been reached for the current year. However, the cap does not apply to certain groups of H-1B visa applicants. One such cap exempt group is potential workers at institutions of higher education.

Further, after prodding from businesses and other shareholders, the USCIS has begun to review its policy on whether the H-1B cap exemption for non-profit entities that are affiliated or related to an institution of higher education. Until further guidance is issued, USCIS is applying interim procedures to H-1B non-profit entities seeking an exemption from the H-1B cap based on an affiliation with or relation to an institution of higher education.

For a full explanation of the USCIS’s interim policy, please visit the immigration agency’s website.

USCIS Proposes H-1B Visa Lottery

Chris Gafner — Thu, 03 Mar 2011 12:23:21 +0000

The USCIS has announced that it plans to implement a system that would allow for H-1B visa seeking companies to “pre-register” for an H-1B before beginning the process of completing an H-1B visa application. The change is a significant step forward as the change is expected to save U.S. companies $23 million in the next ten years.

Each year, the USCIS makes 65,000 H-1B visas (and an additional 20,000 Masters Degree H-1b visas) available to companies who need to hire specialized occupation workers. However, each year these visas are insufficient and there are more companies seeking the visas than the number of available visas. Thus many companies incur costs only to learn afterward that they simply were too late in applying for a visa. It is important to note that only some H-1B seekers are subject to the cap.

Although this change is a significant improvement from the current system, it is not difficult to realize that the limitation on H-1Bs is simply unfortunate and is limiting America’s economic growth. Additionally, it is questionable that the United States needs to resort to a lottery to decide which companies get H-1B visas. If the United States really wanted to improve its economic position, it would either increase the number of H-1B visas allowed, or would give H-1B visas to the most beneficial companies and positions.

To learn more able the process, please contact a H-1B visa lawyer.

Alternatives To H-1B Visa

Chris Gafner — Tue, 22 Feb 2011 11:05:45 +0000

Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization. The following is a list of potential options, however it is not exhaustive. If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option 1. Are You Sure Your Potential Employer Is Not Cap Exempt?
The H-1B visa cap does not apply to all companies and institutions. Many employers are cap exempt, including institutions of higher education, nonprofit entities connected to a higher education institution, and nonprofit or government research organizations.

Option 2. Are you O-1 Visa Eligible?
If you have extraordinary abilities in your field of endeavor, you may qualify for the O-1 visa. If you qualify, you will not need to obtain an H-1B visa. However, not all employees will qualify for the O-1 Visa and a careful analysis should be done before applying for an O-1 visa.

Option 3. L-1 Visa for Intracompany Transferees
If you have worked overseas for the company (or an affiliate of the company) that you plan to work for in the United States, then you may be able to qualify for the L-1 visa. With a the L-1 Visa, you do not need to obtain an H-1B visa.

Option 4. E-2 Treaty Investor or EB-5 Investor
You may qualify for a visa if you are starting your own company (or are investing in another company) and you meet the general requirements for the investor visas. The EB-5 Investor Visa requires an investment of at least $500,000. The E-2 treaty investor visa does not require such a high investment, but also requires the investor to come from certain countries.

Option5. Wait.
The best option for many individuals may be to wait. H-1B visa applications will be accepted again on April 1, 2011. If you wait until then, you will not be able to begin working until October 1, 2011.

If you are need of an H-1B visa alternative, please contact an immigration lawyer to ensure you know all of your options.