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Dear Sophie: What’s the recipe for an H-1B?

Sophie Alcorn

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Sophie Alcorn is the founder of Alcorn Immigration laws in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects beings with the businesses and opportunities that expand their lives.

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“Your questions are vital to the spread of knowledge that allows people all over the world to rise above frontiers and pursue their dreams, ” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in beings ops, a founder or aiming a position in Silicon Valley, I would love to answer your questions in my next column.”

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Dear Sophie:

I want to sponsor a potential work for an H-1B but the process for an H-1B application looks pretty complex.

What goes into an H-1B petition? How has it changed in recent weeks? Is the lottery going to be wage-based or random?

— Hungry to Learn in Hillsborough

Dear Hungry 😛 TAGEND

This is a great time to get started on the H-1B lottery process — the time is fast approaching. In my most recent podcast episode about H-1Bs on Immigration Law for Tech Startups, we considered preparing for the H-1B lottery.

For all those foodies out there, in this column, I include a recipe for manufacturing your very first H-1B, plus the latest on raffle timing, whether the lottery will be wage-based and pay-to-play, the end of Buy American, Hire American, and changes in how H-1B wage levels are calculated.

New to the H-1B?

To get started, if you’re a newbie looking to whet your craving with what’s involved in the H-1B process, there’s no are necessary to the H-1B lottery season to feel complex or daunting. In fact, I wrote out a recipe so you can easily understand how to cook up an H-1B petition. 😉

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Composite image approvals: Joanna Buniak( opens in a new window )/ Sophie Alcorn( opens in a new opening )

Alcorn H-1B Petition Recipe Ingredients 1 hungry bos seeking top world flair> 1 caused hassle seeker( s) from all over the world> 1 knowledge business immigration lawyer> 1 merciful business immigration paralegal 1 parcel clear communication 1 gallon law approach; lend more to smack 1 gallon hard work, segmented 4 cups enthusiasm and dedication 2 questionnaires 1 Labor Condition Application( LCA) 4 figures for USCIS, 5 if you want to broil the lawsuit and eat sooner 1 robust symbol of support from the company To flavour: Job seekers’ supporting documents, as necessary For startup spice: dispersing of company formation certificates

Counselings

It’s important to start off the H-1B with a solid legal programme. Start by compounding the employer and job seeker with at least one business migration advocate and at least one business migration paralegal. Add communication, half gallon of law strategy and 1 bowl of ebullience and dedication. After the law strategy has been prepped, separate the rest of the ingredients into separate receptacles( there will be some overlap ). Take the two questionnaires and administer evenly between the employer and job seeker. Add to pan over medium-low heat or high heat depending on how soon everyone wants to eat. Previously the questionnaires are evenly browned, remove from heat and examine got to make sure everything is cooked properly. Immediately the questionnaires are remembered, employ some of the spices to prepare the Labor Condition Application( LCA ). Add in 1 goblet of law approach and 1 quart of hard work. Let simmer for 7-10 days. While the LCA is smolder, prep your organizes one at a time. Add 1/2 cup of law policy and 2 bowls of hard work. After the forms are prepped, use the remaining legal strategy( more if necessary ), 2 quarts of hard work, and 1 cup of devotion and dedication to prepare the letter of support. Immediately that’s ready, and the LCA is fully cooked, consume 1/2 quart of hard work to add the glazed constitutes, LCA and letter of support into a bowl( preferably Adobe Acrobat ). After lending the word of support, fold in the job seekers’ supporting documents. Add 1 goblet of ebullience and dedication. Add startup sprinkles if hoped. Finally, use the remaining 2 beakers of feeling and dedication to bake the contingency with USCIS! Allow to cool for 15 calendar eras if famished, or 4-6 months if you’re not that hungry. Enjoy!

For those experts out there hungering for the latest H-1B modernizes, here’s a rundown of what we’ve been visualizing over the last two weeks since the Biden Administration took office 😛 TAGEND Lottery timing

We expect an imminent announcement regarding the details of the upcoming FY2022 H-1B lottery registration process for cap-subject nonimmigrant visa petitions. The electronic enrollment season previous at least 14 periods, and the most recent possible start date will be March 18, 2021. We’re likewise awaiting details on when the initial registration stage is the beginning; last year it previous from March 1 to 20. Feel free to listen back to Get Ready for the H-1B FY2022 Lottery for further detail on how this worked last year and please stay sung if you’re planning on filing an H-1Bs this year: Following these dates is crucial.

Will the gamble be pay-to-play?

A final settle announced “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H -1B Petitions” issued under Trump is currently scheduled to take effect on March 9, 2021. It get changed the lottery from being random to being allocated based on highest to lowest relative payment. On January 20 the Biden administration apprise all agencies to consider delaying the effective date of certain rules have still not been in effect, such as this one.

We’re all waiting with bated breath to see if this new change will go through. So far USCIS has not published any rule in the Federal Register indicating that the wage-based H-1B lottery will be delayed until after the scheduled start date. Also, over the past few days, there are some initial indications that the system will go forward as Trump scheduled, even under the Biden administration. This includes changes to the H-1B registration online tool and the form.

Although a wage-based allocation might obligate H-1B salaries more expensive for some boss, it would also dramatically increase immigrant security and employer predictability. As we all wait to see what USCIS will decide to do here, you can also access our free H-1B template for more information on H-1Bs.

The end of Buy American, Hire American

On January 25, President Biden questioned Executive Order 14005, “Ensuring the Future Is Made in All of America by All of America’s Workers.” This objectives Trump’s “Buy American and Hire American” Executive Order and ensures a broader focus of helping American firms “compete in strategic industries” and facilitating “America’s laborers thrive.” We anticipate that this change will probably lead to higher rates of U.S.-business-based visas and green cards being approved in the future.

Changes in wage-level estimates

There are changes to the way that prevailing wages are calculated for visas such as H-1Bs and the PERM portion of the green card process. White House Chief of Staff Ron Klain indicated that brand-new powers may be withdrawn or retarded. We’ve already seen the Department of Labor withdraw the Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin( FAB) on LCAs, so it is no longer in effect. Additionally, DOL announced this week that it will retard the rule seeing predominating wage levels, to not take effect until May 14, 2021.

We’re tracking all the major H-1B reforms here, so stay tuned to Dear Sophie for all the latest!

All my best,

Sophie

Have a question? Ask it now . We reserve the right to edit your submission for clarity and/ or infinite. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie, ” please view our full rejection here. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast stages. If you’d like to be a guest, she’s acquiring works !

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