H1-B Visa Queries

A. There is an annual numerical limit "cap" of 65,000 H-1B visas each fiscal year. Once the total allowable number of visas has been issued, no more H-1B visas can be approved for that year.

A. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap. Also, individuals who are already approved for an H-1B visa are exempt.

A. Cap visas are approved for the next fiscal year beginning October 1. Petitions can be submitted six months prior to that start date, April 1st.

A. Cap-subject H-1Bs cannot start until October 1 of the fiscal year. Certain students with pending or approved H-1B petitions may remain in F-1 status during the period of time when their F-1 status and OPT would otherwise expire up to the start of their H-1B. This “cap-gap” regulation fills the “gap” between F-1 and H-1B status for qualifying students.

W A. H-1B employers must make the following materials available to the public within one working day of filing the Labor Condition Application (LCA) with the Department of Labor. 1. The LCA 2. Rate of pay for the H-1B worker 3. Description or summary of the actual wage system 4. Prevailing wage rate and its source 5. Documentation that the notice requirement was satisfied 6. Summary of benefits offered to U.S. workers and H-1B workers 7. List of entities included as a "single employer" In the event of corporate change: a. Sworn or notarized statement by successor entity accepting all liabilities of predecessor entity; b. List of H-1B workers transferred to successor entity; c. Each affected LCA number and effective date; d. A description of successor entity's actual wage system; and e. Successor entity's employer identification number.

Yes, you may apply. However, you may be barred from being granted asylum depending on the crime. You must disclose any criminal history on your Application for Asylum and at your asylum interview. Failure to disclose such information may result in your asylum claim being referred to the Immigration Court and possible fines or imprisonment for committing perjury. You may not be granted asylum if: • You have persecuted others on account of race, religion, nationality, membership in a particular social group, or political opinion • You have been convicted of a particularly serious crime • There are serious reasons for believing you committed a serious nonpolitical crime outside the United States • You have engaged in terrorist activity, are likely to engage in terrorist activity, have incited terrorist activity, or are a member or representative of a terrorist organization • You were firmly resettled in another country • There are reasonable grounds to believe that you are a danger to the security of the United Statesy blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.