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Sophie Alcorn , attorney , source and founder ofAlcorn Immigration Lawin Silicon Valley , California , is an accolade - winning Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about transcend molding , expanding opportunity , and connect the world by practicing compassionate , visionary , and expert immigration law . Connect with SophieonLinkedInandTwitter .
TechCrunch+ phallus experience access to hebdomadal “ Ask Sophie ” columns;use promo code ALCORN to purchase a one- or two - yr subscription for 50 % off .
Dear Sophie ,
Our startup is looking ahead to next year ’s H-1B lottery to fill open positions . We have three people we want to cross-file for the drawing : Two of them are currently sour for us as contractor abroad , and one is presently an F-1 student working for us on STEM OPT , whose work dominance will expire in June . When will the H-1B drawing enrollment and diligence fee increase ? If selected in the H-1B lottery , how long does it typically take for an H-1B prospect abroad to get approval and come to the U.S. to live and bring ? Any change we should keep in brain for the next H-1B lottery ? Thanks !
— bright for H-1Bs
Dear Hopeful ,
I appreciate you strain out to me with your questions — and applaud you for mean ahead to frequent international endowment !
Join us at TechCrunch Sessions: AI
Exhibit at TechCrunch Sessions: AI
The U.S. technical school industriousness is facing an unprecedented talent shortfall . There are 9.6 million job openings in the U.S. , but only 6 million people in the U.S. are unemployed and see for employment , according toLinda Moore , the CEO of TechNet , the interior , bipartizan net of technical school CEO and fourth-year executives . We confabulate about this significant science gap and job opening crisis confront the U.S. tech sector and how crucial immigration reform is to address the crisis .
“ There ’s a dire motive for high - skilled in-migration , ” she said . “ The biggest concern among employer is being able to find the right hoi polloi with the ripe skills . Policymakers are begin to see how much the acquirement gap is affecting our economic prospect and it ’s only go bad to get unsound . Our immigration system does n’t allow us to attract the talent we want . Companies are impel to engage those people overseas . Those jobs and the tax tax revenue that goes with hiring mass and having employee working in the U.S. are going to other land . ”
have me plunk into your questions to help you pilot theH-1Bspecialty occupation visa program summons for attracting and continue external natural endowment .
What’s the latest on fee increases?
According to this class ’s propose convention , the H-1B enrolment fee would increase to $ 215 from $ 10 , and the H-1B prayer fee would increase from $ 460 to $ 780 .
What’s the timeline for H-1Bs?
The H-1B process timeline is in general the same each year . In former March , the USCIS begins accepting registrations for candidates in the annualH-1B lotteryfrom employers or employer representatives . By the end of March , the USCIS will pick out enough adjustment to meet the annual 85,000 H-1B chapiter — 60,000 for individuals with at least a bachelor-at-arms ’s degree and 15,000 for individuals with a victor ’s or gamy degree — and will notify employers whether their prospect have been take .
Employers have until June 30 to submit a Labor Condition software for approval from the U.S. Department of Labor and an H-1B petition to the USCIS . If the USCIS approve the petition , the earlier the H-1B beneficiary can begin working is October 1 , which is the kickoff of the raw fiscal twelvemonth . The USCIS is taking about two months to try H-1B pillow slip , according to the USCISCase Processing Timespage . Premium processing , which assure the USCIS will either make a decision on the H-1B postulation or issue a request for evidence within 15 day , is available for the H-1B for a $ 2,500 fee .
Occasionally , the USCIS will do a 2nd — or even a third — survival of the fittest troll if it does not pick up enough H-1B petitions or the H-1B denial rate is high than expected .
change status , such as from F-1 student status to H-1B condition , is the prompt since it requires no audience if the somebody is in the United States . By next year , that individual may be eligible to get an H-1B visa legal tender in their passport while within the United States . Otherwise , if they journey abroad , they will have to make an appointment at a U.S. embassy or consulate to get a visa stamp in their recommendation to return to and enter the United States .
Once they are sanction for an H-1B visa , individuals abroad must make an assignment for an interview at a U.S. embassy or consulate to get the visa placed in their passport . The wait times for schedule a non - immigrant visa appointment at consular offices proceed to be a source of frustration for many . The U.S. Department of StateVisa Appointment Wait Timespage allow for an forecast wait time for an appointment at a specific embassy or consulate . These wait times are base on the routine of days an applier must wait until the first open appointment for each visa category and weekly paper submit by the consular posts .
What to keep in mind
The DHS published a proposed rule in October seeking to clarify and ameliorate the H-1B summons . I delve into the pop the question rule in more detailhere . It ’s uncertain when , precisely , the rule will be finalized . But it will likely be in place before the next H-1B drawing in March .
In this year ’s H-1B lottery , the USCIS receive a whopping 758,994 eligible registrations , and for the first time , more than half were for H-1B candidates who had more than one employer who registered them in the lottery . ( How does the annual drawing work ? check up on out my podcast for anoverview . )
One of the changes in the proposed convention levels the playing battleground for all H-1B candidates by only entering each unique candidate in the drawing once disregarding of how many times they are register for the lottery by different employer . Then , if an H-1B candidate is selected in the lottery , each employer that record the candidate would be eligible to register a petition on the candidate ’s behalf , which efficaciously means the individual can choose which employer to work for .
The proposed formula would also extend the cap gap forF-1students onOPTorSTEM OPTwork authorization to extend work in the U.S. without pause , which would benefit the F-1 student who is currently act for you on STEM OPT . The cap spread bridge an F-1 student ’s work authorization between when the OPT or STEM OPT work mandate is set to expire , which is June in the case of your employee , and October 1 , when they can formally start go under H-1B condition . The proposed convention would ply a cap - col extension through April 1 , adding six month . This would intend you may head off pay for premium processing when filing an H-1B petition on behalf of your F-1 STEM OPT employee and select a get-go date as tardily as April 1 , 2025 .
moderate out thisprevious columnin which I volunteer suggestions for how to present a strong H-1B petition and options that are available if your candidate are not take in the H-1B lottery .
You ’ve get this !
— Sophie
Have a question for Sophie?Ask it here . We reserve the right to edit your meekness for clarity and/or outer space .
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