H-1B Visa Guide

H-1B visas are for foreign-born professionals with offers of employment in the U.S. Over the past 30 years, our law firm has obtained H-1B visas for thousands of accountants, architects, attorneys, business professionals, computer programmers, engineers, health care workers, physicians, system analysts and other professional employees. We hope that the information listed below will help you to obtain a H-1B visa, or to understand how to hire H-1B professionals.

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The H-1B Visa Guide is divided into the following subtopics:

• General Information
• American Competitiveness in the 21st Century Act (AC-21)
• Adjustment of Status to Permanent Residence
• Reports and Articles
• American Competitiveness Act (ACWIA) and Regulations

H-1B – GENERAL INFORMATION

• USCIS H-1B Cap Update (Fiscal Year 2012)
• H-1B Fiscal Year (FY) 2012 Cap Season – USCIS (3-31-11)
• H-1B Visa Recruiting Season Underway -  HealthLeaders Media (5-4-11)
• USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses (3-02-11)
• Fraud Detection and National Security (FDNS) Site Visit Sample Follow-Up E-mail
• USCIS H-1B Cap Update (Fiscal Year 2011)
• H-1B Examination: Test Your Immigration IQ
• H-1B Visa Program: Reforms Are Needed to Minimize the Risks and Costs of Current Program (GAO – January 2011)
• Form M-735, Optional Processing Worksheet for H-1B Filings (USCIS)
• It’s H-1B Season Again by Carl Shusterman in Recruiting Trends
• USCIS Implements H-1B and L-1 Fee Increase (8-19-10)
• U.S. District Court Decision Regarding H-1B Memo (08-16-10)
• Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements – USCIS (1-08-10)
• Questions and Answers re: the 1-08-10 Memo (USCIS)
• USCIS H-1B Cap Update (Fiscal Year 2010)
• USCIS Will Temporarily Accept H-1Bs Without LCAs (11-10-09)
• How to Use Your H-1B to Qualify Under Section 245K (7-30-09)
• The Importance of Maintaining Your H-1B Status (5-20-09)
• H-1Bs: Let the Market Decide the Number of Working Visas (4-14-09)
• OPT “Cap Gap” FAQ – USCIS (4-01-09)
• Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions – USCIS (3-20-09)
• USCIS Announces New H-1B Requirements for Companies Receiving TARP Funding (3-20-09)
• USCIS Regulation Prohibiting Multiple Filings of H-1B Petitions (3-24-08)
• USCIS Announces Interim Rule on H-1B Visas (3-19-08)
• USCIS Guidance On Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status: Aliens Applying for Additional Periods of Admission Beyond the Six-Year H-1B Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the U.S. for Over One Year (12-05-06)
• USCIS Guidance Regarding Exemption from H-1B Cap Under AC-21, Section 103 (6-06-06)
• USCIS Reaches 65,000 H-1B Cap FY2007 (6-01-06) – Only 700 Visas Used by Nationals of Chile and Singapore
• USCIS Memo: Recapture of Time Spent Outside U.S. for Persons in H and L Status (10-21-05)
• USCIS Adopted Decision Regarding Recapture of Time Spent Outside U.S. for Persons in H and L Status (10-18-05)
• Press Release: USCIS Implements H-1B Reform Act of 2004 (5-04-05)
• FAQ: 2004 Bill Regarding H-1B and L Visas (Public Law 108-447)
• INS Memo Re: “Social Security Cards and the Adjudication of H-1B Petitions” (11-20-01)

American Competitiveness in the 21st Century Act (AC-21)

• FAQ on “Same or Similar Occupation” under AC-21 (USCIS)
• FAQ on Extension of OPT and F-1 Status for Eligible Students (USCIS)
• Supplemental Guidance Relating to AC-21 – Neufeld Memo (5-30-08)
• Interim Guidance for Processing Form I-140 EB Immigrant Petitions
• And Form I-485 and H-1B Petitions under AC-21 (5-12-05)
• INS Adopts “Alien-Based” Approach to Portability (4-24-02)
• INS Memo: Initial Guidance for Processing H-1B Petitions as Affected by AC-21 (6-19-01)
• State Dept. Cable: Traveling During H-1B Portability Period (2-14-01)
• AC-21: INS’s FAQ
• NEW H-1B LAW: AILA’s FAQ
• NEW H-1B LAW FAQ (Shusterman)
• Section-by-Section Analysis of the H-1B Cap Bill As Passed By Congress (10-3-00)
• Summary of H-1B Cap Bill As Passed By Congress (10-3-00)
• Text of the Bill To Raise the H-1B Fee to $1,000 (10-12-00)

ADJUSTMENT OF STATUS For H & L Visaholders

• INS Field Memorandum Regarding Adjustment of Status for H and L Visaholders (May 2000)
• H and L Regulations on Adjustment of Status (6-1-99)

REPORTS AND ARTICLES

• DHS Report: Characteristics of H-1B Workers – FY2003
• GAO Report on H-1B Program (September 2003) – “Better Tracking Needed to Determine H-1B Program’s Effect on U.S. Workforce”
• DHS Report on H-1B Program (September 2003)
• INS Report on H-1B Program (April 2002)
• Let Skilled Foreign Workers In — Or Else (March 3, 2000) – Forbes Magazine
• The H-1B Straitjacket – Cato Institute (March 3, 2000) – Why Congress Should Repeal The Cap On Foreign-Born Highly-Skilled Workers
• The Digital Workforce: Building InfoTech Skills at the Speed of Innovation – U.S. Department of Commerce (June 1999)

AMERICAN COMPETITIVENESS ACT (ACWIA)

• ACWIA (1998) – Complete Text of Law
• ACWIA – Section-by-Section Summary of Law
• ACWIA – Highlights of the Law
• ACWIA – Senate Report
• Report of the Senate Judiciary Committee on S.1723
• ITAA Calls on Congress to Raise Cap for Temporary Workers

ACWIA REGULATIONS

• Letter From Senators Abraham and Graham In Response To DOL’s Interim H-1B Regulations (January 1, 2001)
• H-1B Regulations: AILA Summary of Provisions of General Applicability
• H-1B Regulations: AILA Summary Of Provisions Relating To “H-1B Dependent” Employees
• DOL Letter Re: “Single Employer” Rule (2-21-01)
• H-1B Regulations (Part 1)
• H-1B Regulations (Part 2)
• H-1B Regulations (Part 3)