The current state of H-1B

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Citizenship and Immigration Service has completed its lottery for H-1B and I think an inordinate amount of candidates got in. I would say about 90 percent of mine got in. I will also say that probably Citizenship and Immigration Service is planning to deny half of them. And yes, they are looking at Computer Consulting Companies.

The phrase of the day in the H-1B land is “Specialty Occupation” . Unfortunately the Citizenship and Immigration Service has confused this with the L-1B “Specialized knowledge” since 2017. Last year it was confined to computer jobs. This year this virus has spread to other fields like Petroleum Engineering, Bio tech research, etc. A two paragraph H-1B job description is no longer enough. We need a 3 page description following the Department of Labor code. And then the omniscient officer just denies it—-because yeah, she has to meet her denial quota.

I don’t know yet what sort of torture the Citizenship and Immigration Service has in store for computer professionals. But they have started with F-1 OPT. They ruled that F-1 OPT cannot be working on a third party site. The purpose of OPT is training. And if the employer cannot train personally, then its invalid.

The OPT is also cancelled if the student enrolls in a different program, like Masters or moves to a different school.

 

For more information contact Banerjee & Associates

Institutions for Non Cap H-1B

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Institutions of Higher Education
H1B petitions filed by institutions of higher education, as defined in Section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a), are exempt from the H1B cap.
Under the definition, an institution of higher education is one which:
• Admits students who have completed secondary education;
• Is licensed to provide education beyond secondary school;
• Provides educational programs for which the institutions award bachelors’ degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors’ degrees;
• Is a public or non-profit institution; and is accredited or has been granted pre- accreditation status by a recognized accrediting agency.
Non-Profit Entities Related or Affiliated To A Higher Education Institution
H1B petitions filed by non-profit entities that are related or affiliated to an institution of higher education are exempt from the H1B cap.
1. The nonprofit entity is connected to or associated with an institution of higher education through shared ownership or control by the same board or federation;
2. The nonprofit entity is operated by an institution of higher education;
3. The nonprofit entity is attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or
4. The nonprofit entity has entered into a formal written affiliation agreement with a institution of higher education that establishes an active working relationship between the nonprofit entity and the institution of higher education, and a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.—generally Hospitals qualify
Note: Other non profits might be ACWIA fee exempt, but not cap exempt.

For more information please contact Banerjee & Associates