WR Immigration Celebrates Clients Selected in Second Round of H-1B Lottery

Aug 2, 2023 | Announcements, Immigration Updates

We are excited to announce that many WR clients have been selected in the second round of the H-1B process. Though many employers and foreign nationals were disappointed after the results of the first round of this year’s lottery, we are now seeing numerous selections from our offices in Boston, New York, Santa Monica, San Diego, and Oakland. 

This great news has lifted the spirits of our employer and foreign national clients who now see a path to a green card. It is particularly welcome news for the foreign national clients who have been preparing for graduating from top U.S. universities without a clear immigration path forward. 

“It would be sad to send some of the best and brightest graduates in STEM, healthcare, and other critical fields back to their countries of origin after graduation,” said managing partner Bernard Wolfsdorf. “These are some of the top graduates from our universities. We need these bright young people to help to grow our economy and keep the US strong.”  

Wolfsdorf also cautioned that green card waiting lines are getting longer. Employers are advised to file their PERM applications as soon as possible. “The H-1B work visa is a dual intent visa, so there is no reason not to get started by filing the PERM green card application,“ said Wolfsdorf. 

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Good News for H-1B Applicants as Biden Administration Delays Wage-Based Selection Process for H-1Bs

Many H-1B applicants were extremely concerned about the prior administration’s proposed wage-based section system that would disadvantage recent U.S. graduates and certain professionals in favor of applicants with the higher paid jobs. DHS has indicated it will delay the effective date of the final rule titled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” until December 31, 2021. The proposed rule amends the process by which USCIS would be selecting H-1B registrations for filing of H-1B cap-subject petitions. Under the delayed rule, USCIS would have first selected registrations based on the highest occupational employment statistics prevailing wage level that the offered wage equals or exceeds for the relevant standard occupational classification code and area(s) of intended employment.  If implemented, the rule would have favored higher paid occupations. Last Friday on February 5, 2021, USCIS announced the FY2022 H-1B cap initial registration period will open March 9, 2021.  The delayed final rule means this H-1B cap registration will follow current regulations, which is a lottery involving random selection.  For more information about the FY 2022 H-1B cap registration process and timeline, please read WR’s alert here. Sources: DHS delays effective date of H-1B selection final rule Federal Register, Modification Of Registration Requirement […]

December 2022 Visa Bulletin – Update

On Thursday, November 17th, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will honor the State Department’s Date for Filing chart from the State Department’s December 2022 Visa Bulletin. The December 2022 Visa Bulletin was released late in the monthly cycle which may be a sign that USCIS and State Department were wrestling with challenges internally before issuing this month’s Visa Bulletin. Most notably, the December Visa Bulletin introduces a final action priority date of November 1, 2022 for EB-2 “All Other Countries.” This restriction, also in place for dates for filing, for the EB-2 classification for “All Other Countries” this early in the government’s fiscal year may linger and may further challenge green card timelines for applicants previously planning to concurrently submit their I-140 Immigrant Petitions with their I-485 Adjustment of Status Applications. Lastly, the further retrogression for India EB-2 final action date (now October 8, 2011) will result in continued lengthy adjudication timelines for this category. Dates for Filing: Notes Family Based Information: USCIS to honor Dates for Filing chart for family-based applicants in December 2022. Please refer to the State Department’s full Visa Bulletin for further details available here.