Chris Prescott

  What is the H-1B lottery and how do I apply? An H-1B visa is a temporary form of work authorization and is available for those who intend to work in a specialty occupation.  A specialty occupation position is one that requires the theoretical and practical application of a body of highly specialized knowledge and...

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By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3.  However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. In November 2021, EB-3 India dates retrogressed by...

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With each new year comes another H-1B lottery.  Although the registration won’t open until March, Employers and potential employees need to start thinking about the process early on to make sure they are prepared. In the two previous years, USCIS has used electronic registration as a way of conducting the lottery and will continue to...

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Since the pandemic began processing times have gone through the roof and continue to increase across for board for all immigration-related applications. USCIS claims it is understaffed, yet they are funded by fees, the majority of which have seen huge increases in the past few years.  For example, the premium processing fee increased from $1,410...

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Employers that hire H-1B employees need to be aware of their responsibilities when terminating an H-1B employee. When an employee comes to the US to work for an employer, they typically receive approval for 3 years.  This means they have an expectation of working for that employer for the full 3 years.  Of course, as...

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Obtaining an interview at almost any consulate outside of the U.S. has been almost impossible due to the ongoing pandemic and as a result, many have been left unable to return to the U.S. To help facilitate the issuance of visas and clear the backlog, the Department of State announced that they would waive the...

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There are certain occupations that the Department of Labor (DOL) has pre-certified, which means that the DOL accepts that there are not a sufficient number of qualified and available U.S. workers. The following Schedule A occupations have been predetermined by the DOL: Group I-Physical Therapists and Nurses; and Immigrants of exceptional Ability in the sciences...

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