One thing that our clients repeatedly come back to is this: how will President Trump’s policies affect my immigration case under H-1B status?
One of the changes that has been predicted is the removal of the H-1B lottery system in favor of a new system that gives preference to foreign professionals that earn a considerable salary. This has been proposed due to the fact that some consulting companies will flood the lottery with petitions, making it increasingly more difficult to secure a position for anyone else. Check for H1B Visa Process in orphosyscorp
President Trump has also commissioned a committee to ensure that the regulations around certain nonimmigrant visas are enforced. The first step for this is to have regular site visits to all employers that employ H-1B or L-1 visa workers. We will see if these regulations will increase for the 2020 season.
H-4 EAD Rule
In 2015, the Obama administration established a rule allowing H-4 holders (the spouses of H-1B holders) to apply for Employment Authorization Documents, allowing them to work while their spouse was under H-1B status. This is only available to the spouses of H-1B holders that have an I-140 immigrant visa (green card) petition pending with the USCIS.
As of now, this rule still stands. However, the new administration is reconsidering this rule and aims to remove it, meaning that the spouses of H-1B holders will need to find other means of working under their H-4 visas. We will be sure to keep you posted on the latest developments.
While these changes have not yet been put into place or even approved, it is still important to be aware of the fluctuations involved with immigration law.
Once your 2020 H-1B visa is selected in the lottery, it will be sent for processing. Note that having your petition selected in the lottery does not mean that it will automatically be approved. An evaluating officer will take a look at your petition and supporting evidence to determine if all of the information is accurate, complete, and consistent.For more details on H1B Visa checl Pasear-w
He or she will also be looking to see if you have enough supporting evidence and if you have submitted the right fees to the right places. If your petition fails this check, it will likely be rejected, meaning that you may just need to fix the error and refile.
Next, the officer will examine your case and determine whether or not you qualify for the H-1B. If your petition fails this stage, it may be denied, requiring more extensive work to fix. If it passes, then you will be notified and you will be able to start working on October 1st if you are already in the U.S. and have a nonimmigrant status that will last you until then.
However, if that is not the case, you may need to go through an interview at the U.S. consulate or embassy in your home country. While, in the past, not everyone has had to go through an interview, our prediction for the 2020 H-1B season is that these interviews will become more mandatory.