Was I chosen in the H1B lottery?

The only way to know for sure that the application was rejected is when the application is returned with the fee checks, or no receipt is received a week from May 2nd, 2016, when all the applications that were chosen were entered in the database.  Another indication of an application being chosen is of course the fees being debited from the attorney’s bank account.

There is no process for inquiring about rejected applications with USCIS.

So hang tight and wait for your receipt or returned application.

Nalini S Mahadevan, Esq. – nsm@mlolaw.us – 314.932.7111 – www.mlolaw.us

Of course you know this is not legal advice and you must consult your own attorney!

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US Visas face overseas outage!

DOS alert that the Bureau of Consular Affairs is currently experiencing technical problems with its overseas passport and visa systems. The issue is not specific to any particular country, citizenship document, or visa category.

Visas are not being issued due to a server malfunction on June 9th  in the United States, resulting in delays in issuing visas at Posts overseas and issuance of US Passports at consulates and embassies abroad.  In addition, biometric data was not being processed to allow security checks at consulates to issue visas.

There are about 100 computer experts from all over the US working on the problem with the system.

The Takeaway

Travelers to the US are advised not book trips unless they have a valid visa stamp in their passport.  US citizens are advised to be patient because the system has not be fully restored to enable U.S. consulates and embassies to issue or renew passports.  Any action that requires security clearance or biometrics is likely to be delayed until further notice.  Persons awaiting immigrant visas stamps in their passports are likely to be delayed as well.

By Nalini Mahadevan, JD MBA

Attorney at Law

This blog is meant for informational purposes only.

Visit our page to learn about “ 6 Mistakes Immigrants Make that put them in Financial Peril and how to solve those problems.”  http://nsm538.wix.com/protectyourfamily

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EADs for H4 visa holders

The U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, USCIS will issue employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident (LPR) status. The regulations were amended to allow these H-4 dependent spouses to accept employment in the United States.

Nalini S Mahadevan, JD, MBA

Attorney at Law

nsm@mlolaw.us

Not intended as legal advice!

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How to Employ A Foreign Student

Last year I gave a presentation at a local University to employers about the advantages of employing students from foreign countries, here in student visa status.  The Director of the Career Center told me that local employers were afraid of the process involved in hiring them!

To this I say Pshaw!!!  Look at the untapped potential for a wonderful talented employee, who is willing and wanting to learn and be part of the employing company.  Imagine that student has already passed several hurdles such as qualifying to enter a prestigious University, probably has a revealed a superior understanding of her subject and has demonstrated to University admission officers and professors at their college that she can match the best of any local talent!  These students have probably passed several more exams in an effort to enter an American University!  Does that not show grit and hard work – truly American as apple pie! Like the old E.F. Hutton ad said, “they earned it”.

How to hire a student on an F-1 visa?

  • Do they have an OPT (Optional Practical Training) granted at the end of a course of academic education. If yes, Non STEM students can work up to 12 months and STEM (Science, Technology, Engineering and Math) students can work for up to 29 months for an employer.
  • STEM students have 2 bites at the H1B apple. STEM students can apply twice for an H1B visa while in OPT status and can stay employed for at least 6 more years with the employer, so the training is not wasted!
  • The student should be in valid F-1 status
  • Proposed employment should relate to the student’s academic work
  • New Obama executive orders will expand and extend the use of OPT
  • CPT – Curricular Practical Training A student can work either part time or full time for an employer during the course of their study as either an employee, an intern (paid or unpaid), in a cooperative (co-op) educational experience, or as a practicum participation in the field of their major.
  • Full time CPT will reduce entitlement to OPT.

This is a great way to test the waters.  There are many foreign students with experience who are at University in a Master’s program or even a second Bachelor’s degree.

Caveat! Employ a student from an accredited University, please.

Nalini S Mahadevan, JD, MBA

Contact: nsm@mlolaw.us

This blog is not intended as legal advice nor is it to be construed as creating a attorney client relationship!

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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

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H1B Spouses May Be Allowed to Work in the US

DHS has proposed allowing spouses of H1B visa holders in H4 status to work while waiting for their legal permanent residence to be approved.

The idea is to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to their remaining time in the US, strengthen entrepreneurship and innovation, and to help the US attract and retain highly-skilled immigrants.

The H1B visa holder must have an approved I-140 form and should have an extension of their H1B status beyond 6 years.

Specifically, the change to the regulation would:

  • Update the regulations to include non-immigrant highly-skilled specialty occupation professionals from Chile and Singapore (H-1B1), and from Australia (E-3), in the list of classes of aliens authorized for employment incident to status with a specific employer;
  • Clarify that H-1B1 and principal E-3 non-immigrants are allowed to work without having to separately apply to DHS for employment authorization; and
  • Allow E-3, H-1B1, and CW-1 non-immigrant workers up to 240 days of continued work authorization beyond the expiration date noted on their Form I-94 Arrival/Departure Record, while the extension request is pending.

It would affect workers in specialty occupation nonimmigrant classifications for professionals from Chile and Singapore (H-1B1) and Australia (E-3), as well as Commonwealth of the Northern Mariana Island (CNMI)-Only Transitional Workers (CW-1).

Finally, this proposal would also expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This proposal would harmonize the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence.
The proposed rules will be published shortly and will invite comments for a 60 day period.
See you in my next blog.
Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us
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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.

Copyright 2014. All rights reserved.

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Can OPT lead to H1B?

As we get into the H1B filing season for 2015 (H1Bs are filed in 2014 for the following year), students on F1 visas and their employers are anxious about being selected in the H1B lottery.

This year like last, I suspect the demand will overwhelm availability of H1B visas for student and other applicants. Last year, USCIS received 124,000 applications for 65,000 H1B visas, including 20,000 H1B visas set aside for US Master degree holders.

STEM Students

STEM (science, technology, engineering and math) students are at an advantage. They are able to avail of OPT (optional practical training) for 29 months, and hence get two bites of the H1B apple. They can apply this year and the next while maintaining status in F visa and being lawfully present in the US.

The advantage is that the student:

  • Can work full time.
  • Would qualify for the cap gap extension.
  • Can apply for the 17-month extension

The Takeaway

In essence, a STEM student on 29 month OPT gets 2 bites of the H1B apple, because the sponsoring employer is able to apply again the following year if the student is not selected in the H1B lottery the first time.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney 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 2014. All rights reserved.

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A Second Look at Comprehensive Immigration Reform

In February, I wrote about why comprehensive immigration reform has a chance to pass this year; now, it’s time to discuss how immigration reform can strengthen the US as a whole.

Immigration reform has heavy bipartisan support, spearheaded by President Obama and Republican Sen. Marco Rubio (FL). Sen. Rubio is a member of the “Gang of Eight”, the four Democrat and four Republican Senators who have introduced new immigration legislation to Congress — Rubio has also assumed the role of spokesperson for the pending bill in the Senate. The House is also sponsoring several other bills on immigration.

There are security and economic reasons for the US to reform its immigration policy, both of which will have a major impact on the US economy.

The Security Side and the Impact on Employers

Immigration reform is not going to happen without enhanced border security and metrics to measure the levels of security reached. Another measure of security to guarantee a legal workforce is to make both E-verify and Form I-9 compliance mandatory for all employers.  Senate has already earmarked $110 million dollars to these programs — employers should see new compliance regulations soon after a new immigration bill has passed.

In addition, electronic checking of departures by CBP will ensure that non-immigrants depart on the date their authorized stay expires, according to their Form I-94 record. Departures are currently recorded with a paper I-94, which is surrendered upon exiting the US. The new electronic I-94 will record departures from passenger manifests issued by airlines. Entries are currently recorded, but exits from the US are not recorded uniformly at all ports. In addition, the new bill will mandate that all passports be electronically read, which would reduce human error.

It is a misconception that highly skilled visa holders somehow depress US wages. On the contrary, where certain technical skills are in short supply, employers pay top dollar wages for visa holders and high fees to the federal government, as well as jump through legal hurdles to employ these workers. The cost of employing a foreign worker is more expensive than a domestic worker.

The Economic Side

Granting legal status to more immigrants will relieve our labor shortages in both high-skill and low-skill arenas. The educational background of native-born Americans typically includes high school and college education — few are without high school diplomas, and hardly any have Ph.D.s in science, technology, engineering or mathematics (STEM). The educational background of immigrants, on the other hand, is quite different: while many lack high school education, others hold Ph.D.s in STEM fields.

Most of the debate on immigration reform has focused on giving legal status to undocumented immigrants, upon the condition that they pay fees and back taxes. This will certainly have positive effects on our economy; however, we have more to gain from immigrants, both young and old, who, after gaining legal status, decide to further their careers in the US. Once these immigrants feel reassured about their future in the US, they will be more willing to invest in their careers.

One of our current problems is that many skill workers have trouble gaining a foothold onto the path to citizenship. Foreign entrepreneurs and technologists who study in the US are often denied works visas and return to their home country to find success. This issue is both stunting economic growth and causing a brain drain in America.

The number of available temporary visas is rarely revised and is still dependent upon caps and quotas. Our economic conditions have not been taken into consideration. Increasing visas both for high skilled workers, and lower skilled entrants in agriculture and forestry, could have a positive effect on wages and reduce the number of illegal entrants and overstays.

Immigrants also bolster our productivity growth. According to the Wall Street Journal, foreign scientists and engineers, who came to the US with an H1B visa, contributed 10-20% of the yearly productivity growth in the US from 1990-2010. Attracting innovators to our country will undoubtedly create more jobs, as more innovation means more labs, universities and companies doing research. Yet, the US’s H1B visa program only creates 65,000 visas per year for highly skilled workers. That amount has proved to be insufficient, as H1B visas quotas fill very quickly as in the last cap.

There are clear economic and security needs for streamlined and comprehensive immigration reform, and lawmakers and politicians must take action. Congress is set to vote on immigration reform before the July 4 congressional recess.

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.

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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.

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2014 H1B Cap Might Hit in the First Week

Speculation about the H1B visa cap has been all-consuming in the business community. For 2014, USCIS has stated that all 65,000 H1B visas, and 20,000 H1B visas reserved for US Masters degree holders, would be finished in the first 5 days of filing from April 1 (Monday) to April 5 (Friday).

USCIS also stated that it would monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap had been met, which is called the final receipt date. If USCIS receives more than 85,000 visa application petitions (regular and cap visas, disregarding the carve-outs for Singapore and Chile under Free Trade Agreements signed by the US with those countries), USCIS will use a lottery system to randomly select the number of petitions required to reach the limit of 85,000 visas.

USCIS will reject petitions that are subject to the cap and are not selected. USCIS will also reject any petitions that are received after the necessary number of petitions needed to meet the cap are filled. The last time USCIS conducted a lottery for the H-1B cap was in April of 2008.

The Consequences

Pronouncements like this have led to a frantic need to file on the first day, so that the cap is not missed. The problem is that this artificial season does not necessarily meet the hiring cycles for US business and employers. In other words, US business employment practices are artificially constrained by the necessity to tailor employment hiring practices to coincide with a start on April 1. Depending on the industry, employers hire throughout the year, varying with the ebbs and flow of business.

The Takeaway

Immigration reform proposed by the 8 Senators has a more realistic view of the business world — i.e. releasing visas as the demand grows, in a stepped up basis. Now that we are talking about the ‘reality’ on the ground for employers and business, could we have a more realistic PERM labor system? I know, if wishes were horses…. But I can dream the immigration dream, can’t I?

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.

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