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2019年4月 H1B申请需要关注的重要问题及新倾向
作者:孙律师     发文时间: 2019年01月18日 21:03:01

US. SUNLAWFIRM, A PROFESSIONAL CORPORATION
12100 Wilshire Boulevard · Suite 925 · Los Angeles, CA · 90025
Tel: (310) 481-6118* Fax: (310) 481-6117*Web: www.sunlawfirm.us
Contact: [email protected]
Registered with California State Bar 174845 (1994-Present)
Member of American Immigration Lawyers’ Association (1996-Present)
Attorney Alice H. Sun

Disclaimer: All information in this documents are general information of
immigration laws and procedures for educational and advertising purpose.
The information does not constitute attorney legal advice. If your need
attorney legal advice, you must contact our law firm directly at alicesunlaw
@gmail.com or [email protected]

郑重声明: 本电子邮件和短文完全属于提供一般知识性,教育性,和广告性信息,绝
对不构成律师给您的法律建议和指导。 如果您需要我们的专业律师服务,律师建议和
指导,请务必直接联系我们。

Important Issues Related to H1B Applications in April 2019

Many F1 students and Postdoctoral researchers are facing the H1B season
of the year. The U.S. Citizenship and Immigration Service will accept H1B
applications for FY 2020 from April 1st, 2019 because the U.S. fiscal year
for 2020 starts from 1st October 2019 and it will accept H1B applications
six-month in advance. There are some important issues in the upcoming H1B
application season.

1. Online pre-registration is not likely to be running before 2020, but
U.S. Advanced Degree holders may have more chance to win the lottery.

USCIS is working on a rule for pre-registration, which could change the way
petitions are accepted if it becomes final. Currently, it has just passed
the public comment stage. The proposed H1-B reform intends to give further
priority to those with U.S. advanced degrees (including U.S. master’s and
higher degrees). It also requires employer pre-registration online to draw
the H1B visa number. Only the intended H1B petitions that received H1B visa
number my file. However, this system will not likely be running before 2020.

It means that H1B applications filed in April 2019 may still follow the
existing filing path. The U.S. CIS may run the lottery among all received
H1B petitions in the designated period.

In the last few years, only about 36% H1B petitions won the H1B visa number
by the CIS lottery process. For instance, the U.S. CIS received about 190,
000 H1B petitions in the first week of April 2018. But the only the
following limited H1B visa numbers can be allocated:

H1B Regular Quota: 65,000 visas
H1B Master’s Quota: 20,000 visas. (only US Masters eligible)
Also, of the overall 85,000 visa cap, every year 6,800 visas are set aside
for the citizens of Singapore and Chile as part of the Free Trade Agreement
with them.

2. Job title and job duties are facing increased scrutiny.

The U.S. CIS has imposed a higher level of scrutiny on the job titles and
job duties of the proposed employment in H1B petitions. A large number of
RFE (Request for Evidence) notices were issued by CIS to demand detailed
information and evidence to prove the professional nature of the job,
especially in the industries of computer software, system analyst, website
security, etc.. The petitioner (U.S. Employer) is requested to provide pages
long job descriptions with detailed percentage of time allocation.

3. Wage level may cause the CIS officer to question the specialty nature
of the job offer.

A qualified H1B job position must require at least a bachelor’s degree at
the entry level. It is called a “Specialty Occupation.” A job that does
not require a bachelor degree at the entry level is not a “Specialty
Occupation” and is not qualified to be an H1B job position.

The U.S. Department of Labor hosts an online database to specify what jobs
require a bachelor’s degree. The CIS will rely on the information to
distinguish specialty occupations from non-specialty occupations. On the DoL
database, it often states the following language in specialty occupations:
“Most of these occupations require a four-year bachelor's degree, but some
do not.”

In some H1B cases, the CIS officers interpreted the language of “some do
not” as the jobs that were offered the level one (the lowest level) wage,
and thus were denied, although the job title is a “specialty occupation.”

4. Some H1B petitions are more problematic.

The following types of H1B petitions may have more chance to receive RFE,
NOID, or Notice of Denial.

*Employer-Vendor-Vendor-Vendor-Client)

*H1B Visa filed by IT Services Company for employee located outside USA
H1B Visa applied while on Day 1 CPT University (after exhausting OPT or STEM
OPT)

*Last year H1B Denied after RFE (currently on STEM OPT)

*Previous H1Bs Denied or Rejected for not winning a H1B visa number the
repeatedly returned to F1 status.

The above listed are some issues that the H1B applicants may want to know.

We will pay close attention to the ongoing development of the upcoming H1B
application procedures and policies.

In 2018 H1B filing season, 80% H1B petitions prepare and filed by our law
firm won H1B visa numbers. Among these H1B visa number winners, 100% of the
H1B petitions were approved.

It is an excellent strategy to start H1B application process as early as
possible to work with highly experienced attorneys in order to prepare a
well-documented H1B petition.

Disclaimer: All information in this document are general information of
immigration laws and procedures for educational and advertising purpose.
The information does not constitute attorney legal advice. If you need
attorney legal advice, you must contact our law firm directly at alicesunlaw
@gmail.com or [email protected]

Contact Info. :

US. SUNLAWFIRM, A PROFESSIONAL CORPORATION
12100 Wilshire Blvd., Suite 925
Los Angeles, CA 90025
Tel: (310) 481-6118
Fax: (310) 481-6117
电子邮箱: [email protected]
QQ: [email protected]
WeChat微信: alicesun1 (注明: 最后为阿拉伯数字 “1”)

LinkedIn Account:
https://www.linkedin.com/in/alice-sun-5675b567/

郑重声明: 本电子邮件和短文完全属于提供一般知识性,教育性,和广告性信息,绝
对不构成律师给您的法律建议和指导。 如果您需要我们的专业律师服务,律师建议和
指导,请务必直接联系我们。



Lawyers Credential Verification Information

The credential and license information of our attorneys can be verified by
the official website of the California State Bar at http://members.calbar.ca.gov/fal/Member/Detail/174845

The professional membership of the American Immigration Lawyers Association
can be verified at AILA official website: http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=5032&A=74767



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