Pressure Mounts to File Green Cards for H1B Workers

Ever since USCIS announced that as of May 25, 2015, it would allow spouses of H1B workers to file for EAD ( employment authorization) to work in the USA, the pressure has been mounting on employers to file green card applications for their workers on H1B visas.

Denied the right to work

H4 visa holders, spouses of H1B workers have long been denied the right to work.  They have had to choose between working back in their home country or abandoning their careers to follow their ‘better’ half to the USA and to stay home, so that they can have a life together.

Wait times are 10+ years

H4s wait patiently, some at least 12-15 years if their H1B spouse is a Master’s degree holder and others even more if less qualified.  Blame the lack of visas for these talented workers.

Now the wait is over. 

File the application on May 26th, 2015.

Contact us at nsm@mlolaw.us or at (314) 374 8784.

Nalini S Mahadevan, Esq

The information is strictly for educational purposes only.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Social Share Toolbar
Facebooktwittergoogle_pluslinkedinrssyoutubeby feather

Afraid you won’t make the H-1B cap?

  • Prepare now.  If you are a student, on F-1 visa, enroll in college for initial or subsequent Degree programs
  • If you are from a Treaty Trader/Treaty Investor Country, start a business to become eligible for an E-1 or E-2 visa
  • If you are a citizen of Canada or Mexico, change status to a TN visa
  • If you are a spouse of an employee, you may be eligible for a work permit, under current regulations and when regulations under Obama’s executive order are issued.
  • There are H-3, J-1, B-1 in lieu of H-3 visas available for persons who qualify
  • If you have outstanding achievements in the science, arts, education, business or athletics, you could be eligible for an O-1 visa.

Contact us for your new visa filings at nsm@mlolaw.us.  We are a full service immigration law firm.

This blog is not intended to create an attorney-client relationship. The information contained is strictly for information purposes only.

Nalini S. Mahadevan, JD, MBA

Attorney at Law

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Social Share Toolbar
Facebooktwittergoogle_pluslinkedinrssyoutubeby feather

H1B cap has reached!

USCIS received 124,000 H1B visa applications from Monday April 1, 2013 to Friday April 5, 2013 — the cap has not been filled this fast for about 4 years. The number of applications received includes both cap subject bachelor degree holders and US Master Degree holders for whom a special 20,000 visas are allotted.

US Master degree holders get two bites of the apple, when it comes to ‘cap’ time. All US Master degree applications not counted towards the 20,000 cap will be considered again in the regular cap of 65,000 visas. Master degree applications are subject to the lottery first, before the bachelor degree holders. Please keep in mind also that this 65,000 number is reduced by 5,800 visas set aside for Chile and Singapore, under Free Trade Treaties that the US has signed with these countries. The unused visas from this ‘carve out’ is added back to the general pool of available cap subject visas.

USCIS announced that it conducted a lottery to allot visas using a computer generated selection process on Sunday, April 7, 2013. All those applications not selected will be returned to the employers or attorneys. Of course, the return process may not occur for a while, as applications are vetted for accuracy and correct application fees. Application fees will be returned with the applications if the package is not selected in the lottery.

H1B applications filed with premium processing will be processed in 15 days, if they are selected in the lottery.

No more applications will be accepted by USCIS, but H1B applications to change employers, or extension of visa applications filed by non-profit employers and concurrent H1B employment, can still be filed with USCIS.

The Takeaway

Contact your Senator and Congressional representative to encourage an increase in the number of visas available for H1B visas. H1B visas filed by entrepreneurs are also subject to the cap. Entrepreneurs are employment multipliers for the U.S. economy.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Social Share Toolbar
Facebooktwittergoogle_pluslinkedinrssyoutubeby feather