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Work Visa Strategies & the April 1st H-1B Deadline
Background
Likelihood of selection higher this year
Agenda
Where and when
Register now!
The filing deadline for new hire H-1B visa petitions is April 1st for start dates of October 1st, 2009. Attend the BABC Competitive Edge seminar on Tuesday, March 3rd at 6:00pm in downtown San Francisco [details below] in order to learn more about the H-1B visa and its alternatives. This timely seminar will also cover the impact of the recession on work visas and green cards, layoffs, mergers and acquisitions, and more.
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The H-1B work visa classification is for “specialty occupations” that require at least a bachelor’s degree [or its equivalent]. The employer need not advertise nor demonstrate a shortage of American workers. There are 65,000 new H-1B visas available each year for most new hires [starting October 1 for a three-year, renewable period]. A separate quota of 20,000 is available for those graduates of a U.S. university with a Masters or higher degree. Certain research organizations and university-affiliated employers are exempt from the cap, and may hire new H-1Bs year-round.
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Last year, the H-1B cap was reached after a one-week filing window starting April 1st. CIS received over 143,000 petitions for the basic quota, and 31,000 for the Masters Cap, resulting in a lottery selection process. The 11,000 not selected for the Masters level H-1B cap were returned to the basic pool and had “two bites at the apple.”
This year, we expect another lottery for both categories. Due to the recession, petition volume is expected to be significantly reduced, with perhaps a better than 65% success rate for the basic group and a 90% success rate for the advanced degree holders. An employer may only submit one petition per candidate.
Employers should review their 2009/2010 employment needs to determine the benefits of participating in this year’s H-1B cycle. Although the start date on the petition must be October 1, 2009, an approval is good for three years and the employment may actually begin later.
Of particular concern are current employees with expiring status: F-1 OPT Practical Trainee, TN TradeNAFTA or J-1 Practical Trainee. The quota does not apply to foreign nationals who currently have H-1B status and seek to extend their status, or change employers. Citizens of Chile, Singapore and Australia have separate H-1B/E-3 quotas, which have never been exhausted and which remain open year-round.
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The seminar will be presented by State Bar-certified Immigration Expert Attorney James Mayock, and will provide an overview of the H-1B program and how the lottery works. Jim will discuss transition strategies for employers of J-1 Practical Trainees and F-1 Students, including the new 17-month OPT extension for STEM graduates [Science/Technology/Engineering/Math]. He will also address employer obligations for terminated H-1B employees, strategies to segue to new employment, and insights into H-1B alternatives [including the J-1 Practical Trainee, O-1 Outstanding Individual, E -1/2/3 Treaty Trader/Investor/Professional and L-1 Intracompany Transferee visas].
Finally, Jim will discuss the impact of the recession on pending and proposed Labor Certifications [which require a demonstration of shortage of American workers], non-Labor Cert “green card” options, and AC21 Green Card Portability.
No question will remain unanswered!
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You are invited to attend a seminar sponsored by the British American Chamber of Commerce as part of its Competitive Edge series to learn firsthand about key strategies and the alternatives to this year’s H-1B visa lottery. The seminar will be offered on Tuesday, March 3, 2009, beginning at 6:00pm:
America California Bank
417 Montgomery Street
San Francisco, CA 94104
America California Bank is located between California and Sacramento streets, 4 blocks from Montgomery BART, with easy parking available at the Portsmouth Square/Chinatown garage at the corner of Clay and Kearny.
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Please reply to this email, and we will send you the BABC Acteva link for easy registration.
For answers to any questions about this Seminar opportunity, please contact Melissa Pastor at mpastor@emvisa.com or 415.795.9156. Further information about Elliot & Mayock LLP and James Mayock can be found at www.emvisa.com
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Elliot & Mayock LLP
Immigration Attorneys
"visas made easier"
1-866-321-VISA (8472) toll free
http://www.emvisa.com
E&M Washington Office
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
Tel: (202) 429-1725
Fax: (202) 452-0161
infodc@emvisa.com
E&M San Francisco Office
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
Tel: (415) 765-5111
Fax: (415) 765-5122
infosf@emvisa.com
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