• May 18, 2024

2010 H-1B Applications and H-1B Cap

As an immigration attorney in the San Francisco Bay Area, this is a very busy time as on April 1, the US began accepting applications for H-1B work visas. These visas allow the temporary admission of skilled workers to the country.

This year, the United States Citizenship and Immigration Services (USCIS) has set a limit of 65,000 applications. Although in the past, these places filled up quickly, sometimes in less than two weeks, the current economic downturn in the US means that the application period could remain open for some time.

Also, foreign workers may not apply as quickly due to reports that it has recently been more difficult to obtain H-1B approval for smaller businesses.

At my law firm, we learned of an important memo issued by the USCIS earlier this year. In January, this USCIS memo from Donald Neufeld, associate director of service center operations, outlined how USCIS service centers that process H-1B applications should handle their functions. It requires more documentation from companies such as labor contractors who want to hire specific H-1B workers. Documents must be submitted with each application.

In addition, these employers must have “employer control” while their employees are at the third-party customer site.

If something is in order on the initial application, it could result in a denial or rejection of the application. As an immigration attorney, I am connected to the H-1B work visa process and the changes it has undergone recently. My offices in Sacramento and those in the San Jose and San Francisco Bay Areas are equipped to work with any business or individual in the H-1B application process.

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