Emerging Issues on Cap-Subject H-1B Petitions in 2016
In order to employ foreign workers in specialty occupations, U.S. businesses make use of the H-1B Visa Program. The H-1B visa is a frequently used nonimmigrant visa category for employers to obtain work authorization for key foreign national employees. As per U.S. immigration law, only a limited number of H-1B work visas are made available each year. Thus, businesses need to be well prepared for the upcoming H-1B cap season so that their H-1B petitions are properly filed and their foreign national employees have the greatest chance of success of obtaining an H-1B visa.
In a two-hour LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will provide an in-depth analysis of the fundamentals as well as updates of the significant issues on Cap-Subject H-1B Petitions. The panel will also offer the audience with best practice suggestions and practical advice to avoid possible risks and pitfalls.
Key topics include:
- Key Requirements for Cap Subject H-1B Petitions
- Review of Adjudication Trends and Strategies for Avoiding RFEs
- Update on “Cap-Gap” Provisions and STEM
- Latest Legislative, Regulatory and Policy Updates
- Post-Selection: Other Options to H-1B status If Not Selected
Michael Turansick, Partner
Fragomen, Del Rey, Bernsen & Loewy, LLP
- FY2017 Cap Planning
- How many H-1B petitions will be filed
- How long will USCIS take to process the petitions
- What practical issues should employers anticipate
- Overview of key issues affecting processing
Rami Fakhoury, Founder and Leader
Fakhoury Law Group
2016 Cap Petitions Talking Points
H-4 Authorization for spouses
Proposed changes in STEM OPT
Number of Filings Expected to Rise:
- Last year employers across the United States filed an overwhelming 233,000 new H-1B petitions under the annual “cap” for FY 2016, nearly triple the number of H-1B visas available annually.
- The unprecedented number of filings meant that over half of all petitions were not selected in the lottery and rejected, leaving employers scrambling to come up with alternative immigration strategies for their specialty occupation workers.
- The number of filings is expected to continue to rise for FY 2017.
Higher Scrutiny for High Tech Companies filing H-1B Petitions
H-1B RFE Trends: (Already covered a bit in the current slides)
- Companies have seen a trend of redundant and unduly burdensome RFE’s including RFE's questioning maintenance of status, what constitutes a "specialty occupation," and screening the candidate's education and that the degree is related to the job.
- An H-1B employer must amend a H-1B petition whenever there is a material change in the terms and conditions of employment.
- On April 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) Administration Appeals Office (AAO) issued a precedent decision called Matter of Simeio Solutions, LLC.
- The AAO held that an H-1B employer must file an amended or new H-1B petition when moving a worker to a new work location that requires a new Labor Condition Application (LCA) to be filed.
H-1B Senate Bill:
- On November 10, 2015, Senators Chuck Grassley, Chairman of the Senate Judiciary Committee and Dick Durbin, Assistant Democratic Leader introduced the Senate Bill “H-1B and L-1 Visa Reform Act of 2015.”
- The Senate Bill would impose significant new obligations and restrictions on H-1B and L-1 employers, tighten eligibility criteria for H-1B and L-1 visas, eliminate B-1 in lieu of H-1B, and greatly expand the enforcement powers to the Departments of Homeland Security and Labor.
- The odds of the legislation moving forward in the Senate let alone the House are very low. Still, it could be the subject of a future hearing and may be an influencing factor with candidates during this election cycle as well as for any future debate on immigration reform.
Teri A. Simmons, Partner
Arnall Golden Gregory LLP
- Training visas
- Site visits
- Preparing labor condition applications
- Preliminary thoughts
Jarred J. Slater, Partner
Quan Law Group, PLLC
- Alternatives to H-1B visas
- H-1Bs exempt from the cap
- F-1 and STEM OPT
- H-1B1s for Chileans and Singaporeans
- E-3s for Australians
- H-3 Training Visas
- TNs for Canadians and Mexicans
- L-1 Intracompany Transfers
- E-2 Essential Employees
- O-1 Extraordinary Ability
- Dependent status
Who Should Attend:
- Employment and Immigration Lawyers
- Human Resource Personnel
- General Counsel
- In-house Counsel
- Immigration Officers
- Other related/interested Professionals and Organizations
Michael F. Turansick is a Partner at Fragomen, Del Rey Bernsen & Loewy LLP and manages the Firm’s Chicago office. A graduate of Fordham Law School in New York City, Mr. Turansick has been practicing in the field of immigration and nationality law for over 25 years. He manages a diverse practice that it is comprised of individual, start-up, mid size, and large multinational companies encompassing a broad range of industry sectors. His work on behalf of clients includes advising on PERM compliance strategies, the immigration consequences of Mergers & Acquisitions and other corporate restructurings, Form I-9 and H-1B/LCA compliance, EB-5 immigration options and strategic immigration program management. He is a member of numerous professional organizations, including the American Bar Association and the American Immigration Lawyers Association (AILA), where he was Chair of AILA’s New York Chapter in 1999-2000. A frequent author and speaker on immigration topics, Mr. Turansick is listed in the current edition of The International Who’s Who of Corporate Immigration Lawyers.
Michael F. Turansick is a Partner at Fragomen, Del Rey Bernsen & Loewy LLP and manages the Firm’s Chicago office. …
Teri A. Simmons is a partner at Arnall Golden Gregory in Atlanta, Georgia, where she has practiced for nearly 25 years. Arnall Golden Gregory employs 160 attorneys at its offices in Atlanta, Georgia and Washington DC and maintains a nationally recognized Immigration practice with a specialization in complex business immigration matters, employer compliance and white collar crime/audit defense. She directs the International and Immigration Practice Group, which focuses on the holistic representation of foreign owned companies in the US in the areas of corporate, employment, litigation, tax, intellectual property and immigration law. Professionals in the group are fluent in written and spoken Hindi, German, French, Spanish, Mandarin and Cantonese.
Ms. Simmons has represented companies as large as the Atlanta Committee for the Olympic Games, for which she managed visa processing for thousands, as well as middle-sized companies and individual EB-5 Investors. Teri focuses her practice on the management of legal services supporting foreign-owned business entities and individuals investing in the United States in the areas of corporate, employment and immigration law. She manages companies’ global immigration needs, as well as both U.S. immigrant and non-immigrant visa processing for businesses and families (temporary work visas and green cards) and the immigration consequences of mergers and acquisitions. Active in the international community, and fluent in both spoken and written German, Teri served as AILA’s CBP liaison chair for Atlanta Hartsfield Airport for many years and on the national AILA CBP committee. She currently serves as the Mayoral appointed Chair of the Atlanta Sister Cities Commission, on the Boards of the German American Chamber of Commerce of the Southeastern U.S., the German American Cultural Foundation and the German School of Atlanta. She is on AILA Atlanta’s Advocacy Committee. From 1999 to 2001 she served as the chapter chair of AILA's Georgia / Alabama chapter and has held leadership roles within AILA. She earned bachelor degrees in Mathematics and German from Furman University, a Master’s degree in German studies from the University of Virginia, completed post graduate studies in Tuebingen, Germany and earned a JD at the University of Georgia.
Teri A. Simmons is a partner at Arnall Golden Gregory in Atlanta, Georgia, where she has practiced for nearly 25 …
Matthew Morse has been an immigration attorney for twelve years, focusing on employment-based and family-based immigration law issues. He has extensive experience with H, L, TN, O, K, B visas, as well as with Labor Certifications, Visa Processing, Adjustment of Status, and healthcare worker immigration issues. Mr. Morse also has profound proficiency with Extraordinary Ability Alien cases, National Interest Waiver physician petitions, Outstanding Professor/Researcher petitions, Advance Degreed Professionals cases, Multinational Managers and Executives cases, and Naturalization law issues. Prior to practicing Immigration law, Mr. Morse practiced Gaming and Real Property Law, as well as Contract Law in Detroit, Michigan. Mr. Morse held internships with the Michigan Attorney General’s Office, the Michigan Department of Environmental Quality and the Wayne County Prosecutor’s Office.
Matthew Morse has been an immigration attorney for twelve years, focusing on employment-based and family-based immigration law issues. He has …
Jarred J. Slater focuses his immigration work on employment matters, family-based immigration, citizenship and naturalization, as well as defending clients in removal proceedings before Immigration Courts throughout the United States. At a firm with lawyers representing several nationalities and speaking a variety of languages, Mr. Slater is the lone native Texan who grew up in Houston.As a political science graduate, he helped constituents while working as a congressional aide and caseworker, first for U.S. Rep. Ken Bentsen, and later for Rep. Chris Bell. In that role, Mr. Slater gained a practical understanding of immigration hurdles, serving as a liaison to what is now U.S. Citizenship and Immigration Services. He learned that “there’s the way the law is written and the way things actually work in practice.”
His congressional work inspired him to pursue immigration law. He continued to work full-time while attending the South Texas College of Law part-time in the evenings, and earned his degree in 2004. He joined the immigration law firm of Tindall & Foster, PC which later became FosterQuan LLP. He rose to senior attorney before joining Gordon Quan as partner in launching Quan Law Group, PLLC
Jarred J. Slater focuses his immigration work on employment matters, family-based immigration, citizenship and naturalization, as well as defending clients in …
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About Fragomen, Del Rey, Bernsen & Loewy, LLP
Founded in New York City in 1951, Fragomen has been exclusively dedicated to immigration for more than six decades. As the world’s leading single-focus provider of immigration guidance and support, our firm currently operates from over 40 offices worldwide—including 16 offices and more than 1,450 professionals and support staff in the U.S. alone. Fragomen provides immigration application, compliance, program and policy services, and supports all aspects of immigration including: case management and processing; employment verification; strategic planning; process efficiency and quality control; compliance; and government relations. We strive to truly understand each client's unique needs and objectives, and deliver optimal value.
Our mission is to be an integral part of our clients’ success by providing representation, services and strategic advice to facilitate the hiring and movement of skilled talent globally. We do this by providing leading-edge, economical, highly personalized immigration guidance and services that are tailored to meet each client’s needs, using proprietary technologies and streamlined processes.
Our corporate philosophy is to leverage the depth and scale of our practice to evolve constantly in the field of global immigration services and to maintain our position as the immigration industry leader. Our goal is to ensure that our clients achieve favourable results as efficiently as possible while complying with local immigration requirements, and to provide the highest quality immigration services in a cost-effective manner.
About Arnall Golden Gregory LLP
Established in 1949, Arnall Golden Gregory LLP has grown to become one of the leading firms in the Southeastern United States, employing over 160 attorneys practicing in more than 25 areas of law with offices in Atlanta, Ga. and Washington, DC. The firm maintains a national immigration law practice with 6 attorneys and 10 paralegals focused on the holistic approach to the management of complex business immigration matters, non-immigrant and immigrant visa processing, white collar crime defense, audit defense and compliance issues, family unification matters and expatriate contracting. Members of the group support the practice of immigration law with expertise from other AGG practice groups (corporate/ employment/ real estate/ litigation / intellectual property and tax) as well as language fluency in German, French, Spanish, Hindi, Mandarin and Cantonese. Legal 500 has named the group as one of the top immigration law practices in the United States; Chambers as one of the top practices in Ga. Partners Teri Simmons, who directs the practice, Montserrat Miller and Jay Solomon have also been featured in Best Lawyers and Super Lawyers publications.
About Fakhoury Law Group
Fakhoury Law Group, a Martindale Hubbell AV-rated law firm, provides its business clients with comprehensive global legal immigration services. As one of the country’s leading business immigration law firms, we serve as our clients’ single solution for all global visa and immigration matters. We represent Fortune 500 companies, universities and hospitals in all phases of the legal immigration and compliance process to the U.S. and in more than 100 countries worldwide. Our outstanding team of immigration attorneys, paralegals and staff counsels our clients regarding the best short- and long-term visa strategies for their specific immigration-related needs and challenges.
Fakhoury Law Group is an equity member of the prestigious Alliance of Business Immigration Lawyers (ABIL). ABIL is comprised of top U.S. and global business immigration lawyers and their respective firms.
This strategic affiliation allows us to provide a global presence to our clients from the world’s leading authorities on immigration.
We represent clients from all over the United States and world in matters before the U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Customs and Immigration Enforcement, U.S. Department of Labor and the U.S. Department of State. Some of our immigration services includes:
- U.S. Green Cards
- B, H, L-1A, L-1B, O-1, P, E, and TN Processing
- Consular Processing
- Adjustment of Status
- PERM Labor Certification
- Outstanding Professor/ Researcher Petitions
- Alien of Extraordinary Ability Petitions
- Multi-National Manager/ Executive Petitions
- National Interest Waiver Petitions
- EB-5 Investor Visas
- Employment Authorization Documents (EAD)
- Advance Parole and Re-Entry Permits
- Healthcare Worker Immigration Issues
- I-9 and E-Verify Issues
About Quan Law Group, PLLC
Quan Law Group (QLG) understands that individuals matter. We know that each immigration case is different and each client’s situation and needs are different; thus, a personalized approach is the optimal strategy for the successful representation of our clients.
QLG has experienced and award-winning attorneys with vast knowledge in all areas of immigration law. All of QLG’s Founding Partners are Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
Our attorneys have received Top Lawyer, Super Lawyer and/or Rising Star designations for their excellence in immigration law, please refer to each attorney’s biography for details. In addition, our attorneys serve on liaison committees that bring together immigration lawyers with officials working for various U.S. government agencies. Therefore, our attorneys are continually at the forefront of immigration developments and are poised to use this knowledge to benefit our clients.