Posts tagged #H-1B

H-4 Employment Authorization

USCIS announced today, effective May 26, 2015, DHS is extending eligibility for employment authorization to certain H-4 dependent spouses.  

What you need to know:
1. Principal beneficiaries must have approved Form I-140, Immigrant Petition for Alien Worker; or 
2. Principal beneficiary has been granted H-1B status under sections 106(a) and (b) under AC21 which permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Contact The Law Office of Erin Elliott at (404) 890-0372 for more details.

Posted on February 24, 2015 .
Posted by Erin Elliott

DOL releases statistics for H-1Bs, FY2014 YTD

The U.S. Department of Labor recently released their statistics for H-1Bs in the first three quarters of FY2014.  The year-to-date statistics show that 361,400 applications were received for certification.  The top 10 occupations include the following:

  1. Computer Systems Analysts
  2. Computer Programmers
  3. Software Developers, Applications
  4. Computer Occupations, All Other
  5. Accountants and Auditors
  6. Management Analysts
  7. Software Developers
  8. Financial Analysts
  9. Network and Computer Systems Administrators
  10. Electronic Engineers, Except Computers

See the below link for additional information collected on H-1Bs for FY2014, including top 10 states and top 10 employers:


Posted on June 9, 2014 and filed under Employment Immigration.
Posted by Erin Elliott

H-1B Visa for Workers in a Specialty Occupation

The H-1B Visa is a temporary non-immigrant visa that is available for foreign workers with specialty occupations who, along with their petitioning employers, meet certain requirements. A specialty occupation typically requires a bachelor degree or higher or the equivalent of such degree based on experience.

Important notes/dates for the H-1B visa:

 - An H-1B visa number must be available at the time of filling the petition, unless the petition is exempt from numerical limits.

- The H-1B visa has an annual numerical limit of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. masters degree or higher are exempt from the cap.

 H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap.

- The U.S. government ‘s fiscal year starts on Oct.1. H-1B and petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.

To qualify for an H-1B Visa, the employer and beneficiary generally must demonstrate:

 - The petitioning employer has control over the beneficiary employee’s work;

- The beneficiary employee possesses either a bachelor degree, higher degree or equivalent;

- The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor degree in a field related to the position;

- The employer normally requires a degree or its equivalent for the position; or the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree; 

- The position is a specialty occupation related to the beneficiary’s field of study; and

The beneficiary will be paid the higher of the actual and the prevailing wage for the position.

Please contact The Law Office of Erin Elliott for detailed information on the H-1B visa application and process.

Posted on March 10, 2014 and filed under Employment Immigration.
Posted by Erin Elliott